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23  WEST  MAIN  STREET 

WEBSTER,  NY.  14580 

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CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  canadien  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  b.jliographically  unique, 
which  may  alter  any  of  the  images  in  the 
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the  usual  method  of  filming,  are  checked  below. 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  6t6  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-§tre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  m^thode  normale  de  filmage 
sont  indiqu6s  ci-dessous. 


D 


Coloured  covers/ 
Couverture  de  coulfjr 


D 


Coloured  pages/ 
Pages  de  couleur 


D 


CoveiS  damaged/ 
Couverture  endommag^e 


D 


Pages  damaged/ 
Pages  endommagees 


D 


Covers  restored  and/or  laminated/ 
Couverture  restaur^e  et/ou  pellicul^e 


D 


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Cover  title  missing/ 

Le  titre  de  couverture  manque 

Coloured  maps/ 

Cartes  g^ographiques  en  couleur 


n 


Pages  discoloured,  stained  or  foxed/ 
Pages  d^colorees,  tachet^es  ou  piqu6es 

Pages  detached/ 
Pages  d^tachees 


D 


Coloured  ink  (i.e.  other  than  blue  or  binck)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


D 


Showthrough/ 
Transparence 


□    Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  couleur 


D 


Quality  of  print  varies/ 
Quality  inegale  de  i'impression 


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Bound  with  other  material/ 
Reli6  avec  d'autres  documents 


D 


Includes  supplementary  material/ 
Comprend  du  materiel  supplementaire 


n 


D 


Tight  binding  may  cause  shadows  or  distortion 
along  irterior  margin/ 

La  reliure  serree  peut  causer  de  Tombi-e  ou  de  la 
distortion  le  long  de  la  marge  int^rieure 

Blank  leaves  added  during  restoration  may 
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II  se  peut  que  certaines  pages  blanches  ajout6es 
iors  d'une  restauration  apparalssent  dans  le  texte, 
mais,  lorsque  cela  6tait  possible,  ces  pages  n'ont 
pas  6t6  film'es. 


D 
D 


Only  edition  available/ 
Seule  Edition  disponible 

Pages  wholly  or  partially  obscured  by  errata 
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Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  6te  film6es  d  nouveau  de  facon  d 
obtenir  la  meilleure  image  possible. 


n 


Additional  comments:/ 
Commentaires  supplementaires; 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film^  au  taux  de  reduction  indiqu6  ci-dessous. 

10X  14X  18X  22X 


26X 


30X 


X 


12X 


16X 


20X 


24X 


28X 


32X 


!tails 
s  du 
odifier 
'  une 
mage 


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Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  Illustrated  Impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  Illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — »►  (meaning  "CON- 
TINUEH"),  or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  Included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  Illustrate  the 
method: 


L'exemplaire  filmd  fut  reproduit  grSce  d  la 
g6n6ro8it6  de: 

Library  of  Congress 
Photodupiication  Service 

Les  images  s.iivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettetd  de  l'exemplaire  film6,  et  en 
^«..;ormit6  avec  les  conditions  du  contrat  de 
fllmage. 

Les  exemplaires  orlglnaux  dont  la  couverture  en 
papier  est  imprlm6e  sont  film6s  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernidre  page  qui  comporte  une  empreinte 
d'Impresslon  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  fllm6s  en  commenpant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'Impresslon  ou  d'illustration  et  en  terminart  par 
la  dernldre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
dernidre  Image  de  cheque  microfiche,  selon  le 
cas:  le  svmbole  — ^  signifie  "A  SUIVRE",  le 
symbole  7  signifie  "FIN' . 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  etra 
film6s  d  des  taux  de  r6duction  diff6rents. 
Lorsque  le  document  est  trop  grand  pour  Stre 
reproduit  en  un  seul  cllch6,  11  est  film6  d  partir 
de  I'angle  sup6rieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  n6cessaire.  Les  diagrammes  suivants 
illustrent  la  m6thode. 


rrata 
to 


pelure, 
n  d 


ft 


n 


32X 


1 


1 

a 

3 

4 

i 

6 

I 


LA^AV© 


OF   TllK 


UNITED    STATES 

AND   THE 

AND    CANADA, 
RELATING   TO 

TE  LEG  RAP 


OOMPILKD    FOR 


%U^  §Hltimoie  mid  0lna  ^ehgra^h  f^a, 

FOR  SALE  BY 

THE  JAMES  KEMPSTER  PRINTING  COMPAT>iY, 

56  Cedar  Street,  New  York. 


NEW  YORK. 

18  84 


'H2 


NEW  YORK : 

THE  JAMES  KEMPSTER  PRINTING  CO., 

S6  Cedar  SiREiT. 


INDKX  ()l<'  LAWS. 


t 

The  Initcd  Stulcs,    - 

- 

Aliiliiimii, 

.^ 

Ai'Uiiiisas, 

— * 

('iiliri)rnia, 

^ 

Colorailii, 

Coimecticut, 

Dakota, 

Delaware, 

Flnritla, 

(ieoff^ia. 

Illinois, 

Iiiiliana,   - 

Iowa, 

. 

Kansas,     - 

Kentucky,     • 

- 

Louisiana, 

Maine, 

• 

Massacliusetts,     - 

Maryland,      - 

- 

Michijian, 

Minnesota,     - 

- 

IMississippi, 

Jlissoiu'i, 

" 

Montana, 

Nebraska, 

Nevada,   - 

New  Hampshire, 

New  Jersey, 

- 

New  York,    - 

North  Carolina, 

- 

Ohio, 

Oregon,    - 

- 

Pennsylvania, 

Khode  Island,      - 

- 

South  Carolina, 

Texas,       - 

- 

Tennessee,     - 

rtali, 

• 

Vermont, 

Virginia, 

- 

Washington, 

West  Virginia,     - 

- 

Wisconsin,    - 

" 

Wyoming, 

" 

■ 

Canada,- 


I'Adi;. 

r. 

8 
11 
31 
20 
34 
41 
44 
40 
50 
54 
OS 
75 
80 
8:{ 
8fi 

90 
95 
111 
122 
130 
134 
140 
153 
155 
1G3 
160 
173 
186 
208 

-  213 
226 

-  227 
234 

-  242 
249 

-  250 
251 

-  256 
265 

-  272 
273 

-  278 
237 

■  290 


LAWS  OF  THE  INITED  STATES 

IN  RELATION   TO  TE1.E(!RAPH  COMPANIES. 


REVISED  STATUTES,  TITLE  LXV. 

Skc.  520;?.  — Ajiy  Telp^q-jipli  Company  now  orn;aTiiz(Ml, 
or  wliifli  n)ay  liHreaftei  be  oii^anized  under  tlie  laws  of 
any  State,  shall  have  the  ris^ht  to  construci,  maintain 
and  operate  lines  of  lele<i;rapli  thiou^ih  and  over  any 
l)()rtion  of  the  i)ubli(!  domain  of  the  United  States,  over 
and  al()n<:;  any  of  the  militai-y  or  post  roads  of  the 
United  States  which  have  been  or  may  litM-eafter  be  de- 
clared such  by  law,  and  ovei',  under  or  across  the  navi- 
gable streams  or  waters  of  the  United  States  :  but  such 
lines  of  telegraph  shall  b"  so  constructed  and  main- 
tained as  not  to  obstruct  the  navigati<jn  of  such  streams 
and  waters,  or  interfere  with  tlie  ordinary  travel  on 
such  military  or  post-roads. 

Skc.  r)204.— Anj' Telegra[)li  Company  organized  under 
the  laws  of  any  State  sliall  have  the  right  to  take  and 
use  from  the  public  lands  through  which  its  lines  of 
telegraph  may  [;i'ss,  the  necessary  stone,  timber,  aim 
other  materials  for  its  posts,  piers,  stations  and  other 
needful  uses  in  the  construction,  maintenance  and 
operation  of  its  lines  of  telegraph,  and  may  pre-empt 
and  use  such  portion  of  the  unoccupied  lands,  subject 
to  pre-emption,  through  which  their  lines  of  telegraph 
may  be  located,  as  may  be  necessary  for  their  stations, 
not  exceeding  forty  acres  for  each  station,  but  such 
stations  shall  not  be  within  fifteen  miles  of  each  other. 


6 

Skc.  n205.— Tlio  ri^'lits  and  privllfffos  gratitcd  iiiKler 
the  ])r()visi()ns  of  tlic  Act  of  .Inly  twciityfoiir,  ciglitcen 
Imndml  and  sixty-six,  cntiilt'd,  "  An  Act  to  aid  in  Hie 
constrnction  of  telej^raph  lines,  and  to  secnre  to  the 
Government  the  use  of  tlie  same  for  postal,  military  ai-d 
otlier  pnrposes,"  or  under  this  Title,  shall  n;>t  be  tians- 
ferred  by  any  company  acting'  thereunder,  to  any  other 
corporation,  asso"iation  or  jjerson. 

Sko.  r)2<)C).— Teh^si"^n>s  between  tlie  several  depart- 
ments of  the  Government  and  Uieir  officers  and  a^^ents 
in  tlieir  transmissions  over  the  lines  of  any  Tele<i;]'a])h 
(!ompany  to  which  has  been  piven  the  right  of  way, 
timber  or  station-lands  from  the  public  domain,  shall 
have  priority  over  all  other  business,  at  such  :.;ites  as 
the  Postmaster  General  shall  annually  fix,  and  no 
])art  of  any  ai>])ropriation  for  the  several  departments 
of  the  Governn\ent  shall  be  paid  to  any  company  which 
neirlects  or  refuses  to  transmit  such  telegrams  in  ac- 
cordance  with  the  provisions  of  this  Section. 

Skc.  .')207.— The  United  States  may,  for  postal,  mili- 
tary or  other  purposes,  purchase  all  the  telegraph  lines, 
proi)erty  and  effects  of  any  and  all  companies  acting 
under  the  provisions  of  the  Act  of  July  twenty-fourth, 
eighteen  hundred  aiul  sixty-six,  entitled,  "  An  Act  to 
aid  in  the  construction  of  telegrajdi  lines,  and  to  secure 
to  the  Government  the  use  of  the  same  for  postal, 
military  and  other  purposes,"  or  under  this  Title,  at 
an  ap))raised  value,  to  be  ascertained  by  five  competent 
disinterested  persons,  two  of  whom  shall  be  selected  by 
the  Postmaster-General  of  tho  L'nited  States,  two  by 
the  company  interested,  and  one  by  the  four  so  previ- 
ously selected. 

Skc.  5268.— Before  any  Telegraph  Company  shall  ex- 
ercise any  of  the  powers  or  privileges  conferred  by  law, 
such  company  shall  tile  their  written  acceptance  with  the 
Postmaster-General,  of  the  restrictions  and  obligations 
required  by  law. 

Sec.  52G9. -Whenever  any  Telegraph  Company,  after 


liaving  lilt'd  its  written  !U'Cf»ptii nee  with  the  Postinnstei- 
General,  of  the  resti'ictiotiM  and  (tl)li<i;atiniis  required  by 
tlie  act  apiJi'dVcd  July  fweiityfdiuili,  ei^diteeii  hundred 
and  sixty-six,  entitled,  "An  Act  to  aid  in  the  consti  iic- 
tion  of  telt'f^rapli  line-*,  and  to  secure  to  the  (TovtMiiinent 
the  nse  of  the  same,  for  postal,  military  and  other  pur- 
poses," or  by  this  Title,  shall  l)y  its  agents  or  employees, 
refuse  or  neglect  to  transmit  any  su(di  telegraph  I'ommu- 
nications  as  are  provided  lor  by  tht;  afores;iid  act,  or  by 
tin's  Title,  or  by  the  provision  of  Section  '221;  Title: 
"The  Department  of  War,"  authorizing  the  Secretary 
of  War  to  ])rovide  for  taking  meteoi'ological  observations 
at  the  nnlifary  stations  and  other  points  of  the  interior 
of  the  Continent,  and  for  giving  notice  on  the  northern 
lakes  and  sea-board  of  the  approach  and  force  of  storms, 
such  Telegra]»h  ('()m})any  shall  be  liable  to  a  penalty  of 
not  h\ss  than  on.*  hundred  dollars  and  not  more  than 
one  thousand  dollars,  for  each  such  I'efusal  or  neglect. 
[To  be  recovered  by  an  action  or  actions  at  law  in  any 
District  Court  of  the  United  States.] 


An  Act  making  a|:)i)ropriations  for  the  supi)ort  of  the 
Army  for  the  liscal  yeia*  ending  June  thirtieth,  eigh- 
teen hundred  and  eighty,  and  for  other  purposes. 

*****_  Y^^Y  ^,^yi^^  ^jf  telegrams  ;  and  telegrams 
are  authoi'ized  to  be  transmitted  by  railroad  companies 
whi(^h  may  have  telegraph  lines,  and  which  shall  tile 
their  written  acceptance  of  the  restrictions  and  obliga- 
tions imposed  on  telegrai)h  companies  by  title  sixty-tive 
of  the  Revised  Statutes,  for  the  (xovernment  and  for  the 
geneial  i)ublic,  at  rates  to  be  lixed  by  the  Government, 
according  to  the  provisions  of  title  sixty-live  of  the  Re- 
vised Statutes. 
Approved,  June  23,  1879. 


An  A(  i'    iiKikiii;,'  nil    ]iiil>li('    roads  and  liiij;li\vays  pdst 
rdiih's. 

Ii(  il  enavtvd  by  the  Scn(tic  uml  IIdiisc  d/  Rrprcnoita- 
liws  of  the  tliiitcti  St(ft(so/'  Aiinrird  in  V(>>i</rfss  as- 
scitititi'd,  TliJil  all  jtiiblic  loads  and  lii<,di\vays  wlilU' k»'i)t 
lip  and  inaintaiiu'd  as  such  are  licreliy  (h^chucd  to  be 
])()at  roiitt's. 

Approved,  March  1st,  !SS4. 


LAWS  OK  ALABAMA. 


CODE  OF  1870. 


Sic.  1930. 


Skc.  1»;)1. 


Skc.  io;w 


IN  RELATION  TOTELKGKAPH  COMPANIES. 

Any  Teleffraph  Company  rhartercd  or  incorporated 
by  tliia  or  any  other  State  shall  have  the  right  to  con- 
struct, maintain  ami  operate  lines  of  telegraph  along 
any  of  the  railroads,  or  other  public  highways  in  the 
State  of  Alabama,  but  such  lines  of  telegraph  shall  be 
so  constructed  and  niaintained  as  not  to  obstruct  and 
hinder  the  usual  travel  on  such  railroad  or  other  high- 
way. 

Such  Telegrajih  C'ompaiiy  shall  have  power  to  con- 
tract witli  any  persons  or  corporation,  tlie  owner  of  any 
lands,  or  of  any  franchise  or  easement  ovisr  wliicli  such 
telegrai)h  line  is  proposed  to  be  erected  for  the  right  of 
way  for  planting,  repairing  and  preservation  of  its  tele- 
graph poles,  and  for  the  erection  and  occupation  of 
oflices,  at  suitable  distances,  fo)'  the  public  accommoda- 
tion. 

Such  Telegraph  Company  shall  be  entitled  to  the 
riglit  of  way  over  the  lands,  franchises  and  easements 
of  other  persons  and  corporations,  and  the  right  to  erect 
poles,  and  to  establish  offices  upon  making  just  compen- 
sation as  now  provided  by  law. 


Kvt'iy  'P('li';;r:n)li  ('niii|>:iiiy  mii^l.  iil  •■;icli  ;iii(l  fvciy  h».  i.io. 
point  \vlit'i<'  till'  wii'cs  iif  ;inv  liiii'iil'  n'lt'oiiipli  iniiycntss 
ini}"  piinlic  or  pnviilr  rojid,  cicct  siil)Mi!iiiti;il,  diiralih!  ,««; 
;iii(l  iH'rniniit'iit  posls  or  pit'i-s,  (o  picvi'iit  lln'  r.iHiiii,'  of 
tilt'  wires,  so  iis  to  ohsliiict  or  iiilcrrt'rt'  with  tlif  tr:ivt;l 
on  siidli  road.  And  upon  fiiilinti  to  crcrt  posts  or  piers, 
ns  herein  prescrilx'd.  Miid  npon  ilic  ridlinj;;  of  any  tele- 
grapliic  wires,  so  as  to  ()l)struct  or  inlrrlVre  witii  tli'* 
travel  aittnu;  any  private  or  pnhlie  road,  it  is  tiie  duty  of 
any  justice  in  tlu^  county,  uiton  coinplainl  tliat  liie 
wires  of  any  tele^ra[ili  lines  have  fallen  across  or  alonj^ 
any  road,  ])rivate  or  [)ul)li(',  to  issue  notice  to  any  ollicer 
or  aj^cnt  of  su«'li  company,  to  be  found  within  the 
county,  to  appear  befoie  him  at  such  time,  not  slioit  of 
ten  days'  notice,  as  he  may  ai)point,  and  upon  proof 
that  the  wires  aie  down,  or  have  been  down  for  one 
day,  he  siiall  enter  a  line  of  not  less  than  ten  oi' moie 
than  fifty  dollars  for  every  day  tlit!  wiies  ari-  permitted 
to  rfMuain  down. 

If  no  oliiccr  oi' ai^t'iit  of  the  company  is  found  in  thesKc.  kim. 
count}',  then  and  in  that  case  notice  posted  at  two  or 
more  places  near  llie  line  of  telejiiaph,  in  the  neighbor- 
hood of  where  the  wires  have  fallen,  citint;'  the  com- 
l)any,  foi'  live  days,  to  appear  befon?  a  .lusticti  of  the 
Peace,  shall  be  deemed  and  held  sullicient  notice,  aiul  if 
the  company  shall  not  defend,  by  some  agent  or  oflicer, 
line  may  be  entered  by  default  ;  and  if  the  comi)any 
shall  fail  or  refuse,  for  the  space  of  sixty  days,  to  pay 
any  line  imiiosed  under  tht^  .\ct,  such  tele<^ra]ih  line 
.shall  be  deemed  a  public-  nuisance,  and  u|.(mj  due  notice 
the  saiue  shall  be  subject  to  b(>  abated  as  such,  by  pro- 
ceedings before  the  Circuit  Couit  of  the  county  in  which 
such  wires  shall  ;>e  permitted  to  continue  down,  in  the 
same  manner  as  other  nuisancs  are  altated. 

The  right  of  way  is  gi-anted  to  any  person  having skc.  law. 
the  right  to  construcit  telegraph  lines  within   the  State, 
upon  the  margin  of  any  ])ublic  highway. 

Any  person  vvlut  wilfully  cuts,  pulls  down,  destroy.s,  Shx.jmi. 
or  in  auy  manner  injures  any  telegraph  line  or  post,  or 


10 


Bec.  384. 
Code  of  1876. 


Sec.  386. 


part  thereof,  must,  on  conviction,  be  lined  not  less  tl>nn 
fifty  nor  more  than  live  hundred  dollars,  and  may  also 
be  imprisoned  in  the  county  jail,  or  sentenced  to  hard 
labor  for  the  county  for  not  more  than  six  months. 

The  President  ana  Secretary  of  every  Telegraph  Com- 
pany,  whose  line  or  any  pint  thereof  is  in  this  Slate, 
simll  annually,  in  the  montli  of  A})ril,  return  to  the  Audi- 
tor of  the  State,  under  oath,  the  number  of  miles  of  tele- 
graph wire  in  this  State  belonging  to  it,  aun  the  value 
thereof,  including  poles,  batteries,  instruments,  and  the 
length  and  value  of  its  lines  in  ea(^h  county  in  this  State, 
and  the /Auditor  of  the  State  shall  notify  the  assessors 
of  tlie  counties  througli  which  such  line  runs  of  the 
value  of  such  property  in  their  respective  counties,  and 
the  agents  or  manageis  of  the  lines  a  re  authorized  to  pay 
the  taxes  thereon,  and  retain  the  same  out  of  any  money 
in  their  possession  belongirig  to  the  company  ;  and  if 
any  telegraph  com])any  fails  to  make  such  return,  the 
auditor  shall  proceed  to  estimate  the  same,  and  add  one 
hundred  pti-  cent,  thereon  as  a  penalty  for  the  failure  to 
make  returns  required,  and  ap])ortion  the  same  to  the 
different  counties,  as  is  provided  in  case  of  railway  com- 
panies. 

Tlie  Agents  or  Managers  of  Telegraph  Companies 
shall,  on  or  before  the  15th  day  of  April  in  each  year, 
make  out,  under  oath,  a  true  and  full  statement  of  the 
gross  receipts  of  their  respective  ofHces  for  the  preceding 
year,  and  deliver  the  same  to  the  assessors  of  the  county 
where  they  collect  any  income,  and  such  agents  and 
nianagers  shall  pay  the  tax  thereon  to  the  collector,  and 
retain  the  amount  of  any  money  in  their  possession  be- 
longing to  such  company  ;  but  when  any  such  agent  or 
manager  shall  fail  to  make  the  return  therein  required, 
r  (!  assessor  of  the  county  shall  proceed  to  estimate, 
upon  the  best  infornuition  he  can  obtain,  the  probable 
amount  of  the  receipts  of  such  business,  and  add  thereto 
fifty  per  cent.,  and  return  the  same  to  the  collector  in 
the  same  manner  as  other  assessments  are  returned,  and 


ess  tl>nn 
[my  also 
to  liarcl 
tlis. 

ph  Ccmi- 
is  Slate, 
he  Audi- 
ts of  tele- 
lie  value 

and  the 
lis  Stale, 
issessors 
s  of  the 
lies,  and 
ed  tt)  pay 
y  money 

;  and  if 
;mn,  the 

add  one 
Cailiire  to 
e  to  the 
ivay  com- 

)mpanies 
icli  year, 
It  of  the 
)receding 
e  county 
ents  and 
ictor,  and 
ssion  be- 

agent  or 
reqnired, 
estimate, 

probable 
id  thereto 
Hector  in 
ined,  and 


no  property  of  such  company  shall  be  exempt  from  levy 
and  sale  for  taxes. 


ARKANSAS. 


REVISED  ^TATJJTE^,    1874. 
CHAPTER  42. 

C  K  I  M  I  N  A  L      L  A  W  . 


SuiUKcT  XTX.— Malicious  Mischief  and  Trespass,  and 
Injury  to  Property. 

Any  person  who  shall  willfully  and  intentionaMy  de-SK<.  isss. 
siroy,  injure  or  obstruct  any  telegraph  line,  or  any  of '''j;';>;;;;,;;'«- 
the  materials  thereof,  shall,  on  conviction  thereof,  be 
lined  in  a  sum  not  less  than  two  hundred  dollars,  and 
imprisoned  for  not  less  than  six  months,  and  pay  the 
owners  of  said  line  all  the  damages  sustained  thereby. 
(Act  Jan.  21,  1801.) 


CIIAPTEli  A'i.—Vonli lined . 

SuiUKcT  XXIX.- Oireiices  against  ihe  Revenue. 

If  the  taxes  assessed  against  any  express,  insurance  „^.,,  ,^,,- 
or  telegraph  company,  in  any  county,  shall  remain  ^^»«  •'■;;P';^;:^;;;;r;;; 
and   un])aid   after   the   twentieth  day  of  April,  in   any    ^,,n,u 
year,  it  shall  be  unlawful  for  any  person  or  corporation 
to  act  as  !';^ent,  or  do  or  transact  any  business  for  such 
compary  so  in  def.iult   in   such   county,  until  said  tax, 
and  interest,  and  penalty  is  fully  paid  ;  and  any  person 
or  agent,  manager  or  clerk  (»f  any  corporation, who  shall, 
after  such  default,  directly  or  indirectly  act  as  agent  of 


coni- 
paiiit's  failing 
to  pay. 


18 

or  d()  or  transact  any  hnsinoss  \vli;i 'ever  on  acronnt  of 
or  for  the  Ix-tiefil  of  jsnch  c.nipany  so  in  defanlt,  shall, 
nj.on  convir-tion  thereof,  he  ('(.nlined  in  t!ie  Penitentuiry 
not  less  than  one  nor  more  than  twelve  months. 


ARKANSAS. 


REVISED  STATUTES,  1874. 


CFIAPTKR   A2.~Con(inued. 

CIII.MINAL    LAW. 


Skc.  159.i. 
V 11 II  i  s  h  III  t>  n  t 
Air. 


SfiuKcT  X.XXVIl.— DivMl-rinjL?  Contents  of  Telegram. 

Any  prrson  connected  with  any  telegraph  company  in 
this  State,  either  as  agent,  clerk,  cperator,  messenger, 
or  in  any  other  capacity,  who  shall  wilfully  divulge  the 
contents,  or  the  nature  of  the  contents,  of  any  private 
communication  intrusted  to  him  for  transmission  or 
delivery,  or  who  shall  wilfully  refuse  or  neglect  to  trans- 
mit or  deliver  the  same,  on  conviction  shall  pay  a  fine  of 
not  less  than  five  hundred  dollars,  nor  r.ore  than  one 
thousand  dollars,  or  be  imprisoned  in  the  county  jail  for 
not  less  than  six  nnmths,  nor  more  than  twelvemonths, 
or  shall  he  punished  with  l)oth  line  and  imprisonment 
(Act  July  1(5,  1868,  §  3). 


1 


'Count  of 
lit,  shall, 
liteiitiary 


ARKANSAS. 


HE  VISED  STATUTES,  1871. 


CIIAPTEll  130. 

TeLKGHAPII   COMI'ANIKS. 

It  shall  be  the  duty  <»f  the  owner  or  association  own- sic. 5721. 
ing  an>'  tele<>;rai)h  lines  doiu'--  business  within  this  State,  "«•"<"'•;' "f"''"- 
to  receive  dispatches  fioni  iiid  for  other  tcle'rraph  lines    torcceivedis- 
and  associations,  and  from  and   for  any  individual,  and    any ',"r' '"ir- 
on payment    of   their  usual    cliar^^es   for  individuals  for    Ki<"t  ..r  n- 
transmitting  dispatches,  as  establisiied  by  tiie  rules  and 
regulations  of  such  telegraph  lines,  to  transmit  the  same 
with  imi)artiality  and  good  faith,  under  the  penalty  of  one 
hundred  dollars  for  every  neglecit  or  refusal  so  to  do,  to 
be  recovered,  with  costs  of  suit,  in  the  name  and  for  the 
benefit  of  the  person  sending  or  desiring  to  seiul,  such 
dispatch  ;  Provided,  that  nothing  contained  in  tiiis  sec. 
tioii   shall   l)e  constructl  to  require  any  telegraph  com- 
pany or  association  to  receive  and  transmit  disjjatche.s 
from  or  for  any  other  company  or  association  owning  a 
line  of  telegraph  ])araMel  with  or  doing  business  in  com- 
petition with  the  line  on  which  the  dispatch  is  required 
to  be  sent. 

It  shall  likewise  be  the  duty  of  every  such  owner  or skc. nr.^. 
association  to   transmit  all   dispatches  in  the  order  in I'lspatihes  10 
which  they  are  received,  under  the  like  penalty  of  one   tca.i.uw. 
hundred  dollars-  to  be   recovered,  with   costs  of  suit, 
by  the   person  whose   dispatch    Is  postponed  out  of  its 
order  :  Provided,  liowever,  that  arrangements  may  be 
made  with   the  proprietors  or  i)ublishers  of  newspapers 
for  tlie  transmission  for  the  pur])ose  of  i)ublication  of 
intelligence   of  general   and    public   interest  out  of  its 
regular  order. — Act  July,  1808. 

The  telegraph  companies  now,  or  which  may  hereafter SKf-.s-o.,, 
be  in   existence  in   this  State   shall,  on  ai)plication    locinmunim. 
any  of  the  officers  of  this   State,  in   the  event  of  war,    oniodstore- 


14 

ceire  imme- insurrection,  or  any  resistance  of  public  authority;  or 

iiiato  dis-ijj  (.jjge  of  tim  commission  of  any  crime,  and  tlie  person 

charged  tlierewitli,  or  suspected  thereof,  sliall  attempt 

to  escape,  gave  to  the  communications  of  such  officers 

immediate  dispatch,   and  for  the  transmission  of  tlie 

same  the  company  sliall  cliarge  tlie  same  price  as  for 

other  communications. 

Ski  .  mi.  Any  telegraph  company  shall   have  power  to  set  up 

"'a".uT  wS  their  lixtures  along  and  across  any  of  the  roads,  streets 

i'lnrpSnieBta or  waters  of  this  State,  provided  they  do  not  obstruct 

set     up    fix-  ., 

tures  aioiigthe  same. 

anil  acroHs. 


ARKANSAS. 


REVISED   STATUTES,    1874. 


CHAPTER    118 


KEVENUE. 

EspuEss,  Teleouaph  and  Insurance  Companies. 

Sec  mso  "^^X  P^rson  or  persons,  joint   stock  association  or 

What  deemed  corporation,  conveylug  to,  from  or  through  this  State, 
com7a''ny!or  i"  ^^Y  P'"'t  thereof, u.  )ney  packages,gold, silver  plate. 


what  a  tele  or  Other  artlcles  by  express,  not  including  the  ordinary 

pi?,'*  """"'linesof  transporttition  of  merchandise  and  property  in 

this  State,  shall  be  deemed  to  be  an  express  company  ; 

and  any  person  or  persons,  joint  stock  association  or 

corporation  engaged  in  transmitting  to,  from,  through 

or  in  this  State,  telegraph   messages,  shal'    be   deemed 

and  held  a  telegraph  company. 

g,,^.  ,^0^,  Each  agent  of  any  express  company  or  telegraph  cora- 

i.ist  of  aKeiitpaiiy.  having  its  principal  office  in  any  other  State  or 

Ihaitoshow^'^untry,  and   doing  business  in   this  State,    shall  an- 

08  °"  j^^^^jjy'  ^j^   j.j^g  ^j^y  preceding  the  first  Tuesday  of  June 


isn 


1.*) 


ority ;  or 
le  person 
I  attempt 
h  officers 
m  of  the 
ce  as  for 

to  set  np 
is,  streets 
,  obstruct 


iation  or 
lis  State, 
vev  plate, 
ordinary 
3perty  in 
jmpany  ; 
iation  or 
tlirough 
deemed 

npli  coni- 
r  State  or 
isliall  an- 
'  of  June 


of  each  year,  make  and  deliver  to  the  County  Clerk  of 
the  proper  county  in  whicli  sncli  ii^ent  lias  his  place  of 
l)usiness,on  statement  veiilicd  by  tlieoath  ol"  such  :i}j;t^'>'> 
siiowinf?  the  entire  receipts  of  such  agent  for  the  year 
then  next  i)rec('din<r,f()r  and  on  account  of  such  comitany, 
including  its  i)roi)orti()n  of  gross  receipts  for  business 
done  by  such  company, in  connection  with  lines  of  other 
companies  outsitle  of  the  limits  of  thisSrate  :  Provided, 
that  the  amount  which  any  express  company  actually 
pays  to  the  railroads  or  other  i)ublic  conveyances  within 
this  State,  for  the  transportation  of  their  freight  within 
this  State  may  be  deducted  from  the  gross  receipts  of 
such  company  as  above  ascertained,  and  the  balance 
thus  found  as  to  the  express  companies,  shall  be  by 
the  County  Clerk  entered  upon  the  tax  books  of  his 
county  against  said  company,  and  charged  with  the 
same  rate  of  taxes  for  all  purposes,  that  ijersonal  i)rop- 
erty  is  or  may  be  charged  by  law  at  the  place  where  , 
such  agency  or  agencies  is  or  are  located  :  Provided 
further,  that  nothing  lierein  contained  shall  release 
such  express  company  from  the  provisions  of  sectii  i 
5097.  Such  agent  or  agents  in  making  statement  of  tin.' 
receipts  shall  include  all  sums  earned  or  charged  for 
the  business  of  such  preceding  year,  whether  actually 
received  or  not.  The  gross  receipts  of  telegra])h  com- 
l)anies,  as  above  ascertained  shall  be  entered  for  taxa- 
tion, and  taxed  in  the  manner  heiein  provided  for  ex- 
press companies. 

If    any  agent   of    such  express   or   telegraph    shall  sec.  5092. 
neglect  or  refuse  to  make  aiul  return  such  statement,  it  ^oj,p,',t.\!,g"k 
is  hereby  made  the  duty  of  the  County  Clerk  in  which    "lay  comiiei 
such  agent  has  his  office  or  place  of  business,  to  ascer-    '"^*'"  '  ''°*''*' 
tain  the  amount  so  received  by  such  agent,  before  such 
County  Clerk,  to  answer  such  questions  as  may  be  put 
to  him,  relating  to  said   agency,  and  subject  matters 
thereof.     If  such  agent  refuse  to  answer,   the  County 
Clerk  may  commit  such  agent  to  the  county  jail  until 
he  shall  make  such  disclosures  as  are  conttMuplated  by 
this  act  ;  and   the   costs  of  such  i)roceedings  shall  be 


10 

taxed  against  said  agent  personally,  and  collected,  as 
in  case  of  judgments  of  the  Circuit  Courts. 
skc  r«93.  From  the  examination  afoiesaid,  and  such  other  in- 

*'nuTptnakyf^J™'i^i''"'^^  the  Couuty  Clerk  cau  obtain,  he  shall  as- 
certain the  receipts  of  said  agents,  and  enter  the  same 
ui)on  his  tax  books,  with  fifty  per  cent,  penalty  there- 
on. 
Sec  M 04.  It  shall  be  the  duty  of  each  agent  aforesaid   to  retain 

AKfiittore-j      jj     ],.,,ijy  and   pay    to   the  collect(n-  of  the  proper 

tain  receipts  '     •'  •     j.        i>  i  •         /n 

topuytax.iiK'ounty  the  taxes  so  assessed,  if  the  receipts  of  his  oince 
^;;',^;;y^iXaresuflicient  for   that   puri ose,  and  in  default   thereof, 
the  collector  shall  proceed  to  collect   the  same   by  dis- 
tress and  sale  of  the  personal  i)roperty  of  such  agent. 
sw.  50115.  If  the  taxes  so  assessed  against  any  express  company 

Tttx  not  paui       feh'graph  company  in  any  county  in  this  State  shall 

business    un-  •'^  ■<  i-,-">^i  i         j  j  J  <•••! 

lawful.  remain  due  and  unpaid  after  the  twentieth  day  oi  April 
in  any  year,  it  shall  be  unlawful  for  any  person  or  per- 
sons or  cori)orations  to  act  as  agents  or  do  6y  transact 
any  business  for  such  company  so  in  default  in  such 
county  until  said  tax  and  interest  and  penalty  are  fully 
paid. 


ARKANSAS. 


Acts  of  Arkansas,  1881. 


\'' 


No.  XL.     An  Act  to  amend  an  Act  entitled  "An  act  to 
establish  Fees,"  approved  February  2r)th,  1875. 

Be  it  enacted   by  the  General  Assembly  of  the  State 
of  Arkansas  : 

That  section  1  of  the  act  to  which  this  act  is  amenda- 

%'se"crelSry  tory,  be  SO  amended  as  to  read  as  follows  ;  Sec.  1.  The 

.of  state.       following  fees  shall  be  allowed   and  collected  by  the 

Secretary  of  State  and  accounted  for  to  the  Treasury  by 

him,  in  the  same  manner  that  all  other  fees  are  or  shall 

be  directed  to  be  accounted  for  by  State  officers,  viz.: 


SIC.  1 


collected,  as 

oh  otlior  in- 
he  shall  as- 
it  the  satne 
iialty  there- 
id  to  retain 
'  the  i)r()per 
of  his  office 
lilt  thereof, 
vme  by  dis- 
ch  agent. 
(ss  company 

State  shall 
hiy  of  April 
'rsoM  or  per- 

6y  transact 
ault  in  such 
Ity  are  fully 


L  "An  act  to 

;h,  1875. 

if  the   State 

t  is  amenda- 
Sec.  1.  The 
cted  by  the 
Treasury  by 
3  are  or  shall 


cers,  VIZ.: 


17 


For         %  ::  ^v  -  .:  :v         :.         * 

For  liliiii::  cjich  charter  or  draft  of  articles  for  a 
railway  oi-  tt'lei,M;ii)li  coinpanyj'or  a  line  not  exceed- 
ing    twenty-live    niih's     in    h'ligtli,     fifty    dolhirs 

(.i^no.od). 

Exceeding  twenty-live  miles  and  not  fifty  miles, 
seventy-live  dolhu's  (!i^7.'■).(t(l)K 

Exi'eeding  fifty  niih^s  and  not  exceeding  seventy- 
five  nules,  one  hundred  dolhirs  (!?l()(i.()(>). 

Exceeding  seventy-five  miles  and  not  over  one 
hundred  miles,  one  hundred  and  twenty-five  dolhirs 
(8125.00). 

Exceeding  one  hundred  miles  and  not  over  one 
hundred  and  fifty  miles,  one  hundred  and  fifty  dol- 
lars (81  no.  00). 

Exceeding  one  hundred  and  tifty  nules  and  not 
over  two  hundred  miles,  one  hundred  and  seventy- 
five  dollars  (8175.00). 

And  for  a  line  exceeding  two  hundred  miles  in 
length,  two  hundred  (8'iOO.OO). 


ARKANSAS. 


Acts  of  A i: Kansas,  1883. 


ActCXIV. —  An  Act    to   Revise  and   Amend   the 
Revenue  Laws  of  Arkansas. 


Sec.  3G. — Express  and  Te'egraph  Companies. 


Any  person  or  persons,  joint  stock  company,  associa-ser. 


30. 


tion  or  corporation  conveying   to,  from,  or  through  the^'^'"^*'*'"'"'^ 

^    i.1  ,  ,  ,  ,  Telegraph  Co. 

State,  or  any  part  thereof,    money,    packages,   gold  or   deiined. 
silver  plate,  or  other  articles  by  express,  not  including 


18 


tlieoiilinary  linos  of  transportation  of  niercliandise  and 
property,  sliall  be  (Ifenicd  to  l)e  an  cxjjress  company. 
And  any  person  or  persons,  joint  stock  company,  asso- 
ciation or  corporation  en^ni,<i;ed  in  transniittinj,'  to,  from, 
thron<,'li  or  in  tliis  Slate,  tele^rapliic  messages,  shall  be 
deemed  and  held  to  be  a  tele^n-aph  company. 
BW.37.  Each  a<?ent  of  any  exi)ress  comi)any  or  telegraph  com- 

iiow  and  ''ypany,  having  its  principal  office  in  this  State,  or  in  any 
L'sl^r  ""other  State  or  county,  and  doing  business  in  this  State, 
shall  annually  in  the  month  of  March,  make  out  and  de- 
liver to  the  Assessor  of  the  proper  county  in  which 
such  agent  has  his  place  of  business,  a  statement  veri- 
lied  by  the  oatli  of  such  agent,  showing  the  entire  re- 
ceipts of  such  agent  for  the  year  next  preceding  the 
first  Monday  in  February,  in  the  year  in  which  such 
statement  is  made,  for,  and  on  account  of  such  com- 
pany, including  its  proportion  of  gross  receipts  for 
business  done  by  such  company  in  connection  with 
lines  of  other  companies  outside  of  the  limits  of  this 
State. 

Provided  ;  the  amount  which  any  express  company 
accurately  pays  to  railroads  or  steamboats  within  this 
State  for  the  transportation  of  tlieir  freight  upon  the 
money  packages,  gold  and  silver  plate  or  other  articles, 
to,  or  from,  the  point  at  which  such  agent  is  located, 
may  be  deducted  from  the  gross  receipts  of  such  com- 
pany as  above  ascertained,  and  the  balance  thus  found, 
as  to  express  companies,  and  the  gross  receipts  as  above 
ascertained  for  tlie  telegiapii  companies,  shall  be  by 
such  assessor  listed  and  asstssed  as  personal  property. 
skc  38  The  office  furniture  and  other  real  and  personal  prop- 

''inaTtho'^ertv  of  telegraph  and  express  comi)anies,  shall  be  as- 
T-ertr'^^'s^sessed  in  the  county,  city  or  town  where  the  same  is 
d'y'orS  used  and  kept,  in  like  nianner  as  other  real  and  per- 
:rXfkept'sonal  property  in  such  county,  city  or  town  is  assessed. 


Any  agent  of  such  express  or  telegraph  company, 
wilfully  neglecting  or  refusing  to  make  out  and  deliver 
to  the  proper  assessor  such  statement,  during  the  month 
of  March,  as  by  this  act  required,  shall  be  guilty  of  a 


10 


tiinlise  and 
company. 
[>aiiy,  asso- 
i<;  to,  from, 
«-s,  shall  bo 


^rapli  coni- 
e,  or  ill  any 

this  State, 
out  and  de- 
y  in  whicli 
iinent  veri- 
entiie  re- 
seeding  the 
vliich   such 

such  com- 
•eceipts  for 
iction  with 
lits  of  this 

s   company 
within  this 
t   upon   the 
her  articles, 
is  located, 
such   com- 
thus  found, 
pts  as  above 
ihall  be   by 
,1  property. 
I'sonal  prop- 
diall  be   as- 
lie  same   is 
ill   and  per- 
is assessed. 
1   company, 
and  deliver 
g  the  month 
guilty  of  a 


misdemeanor,  and  on  conviction,  shall  ho,  lined  in  any 
sum  not  it'ss  than  lifty  dollars  (.s."i()|,  nor  more  tlian  iivl- 

hundred  dollars  (."i<.")()Oi,  and  im[irisoi nl  not  less  ||i;iti 

thirty  days,  nor  more  iian  six  months.  And  said  as- 
st'ssor  shall,  from  the  vast  evidence  obtainable,  ascer- 
tain the  amount  of  the  receipts  of  such  agent,  and  cnlcr 
the  same  upon  the  assessment  roll,  with  lifty  per  cen- 
tum penalty  thereupon. 


AKKAXSAS. 


Acts  of  Ahkansas. 


Aci  CXI  V.  —Coiitin  ued. 


Sec,  42— Teleiihone  Companies. 


Gas,  telephone,    *    *    *    *    and  all  other  companies, '^^'W 
corporations  or  associations,  incorporated    under    the ''tn.Sr^";; 
laws  of  this  State,  or  under  the  laws  of  any  other  State,    rft'i^ny,  sav- 
and  doing  business  in  this   State,  other   than  insurance   tVtomv^- 
companies,  and  the  companies  and  corporations  wliose    "iestoi'e 
taxation  is  In  this  act  specifically  provided  for,  in  addi-    litrir'" 
tion  to  the  other  projjerty  required   by  this  act  to  be 
listed,   shall,    through    their  president,  secretary,  prin- 
cipal accounting  officer  or  ngent,  annually,  during  the 
month  of  March,  make  out  and  deliver  to  the  assessor 
of  the  county   where  said   company   or  corporation  is 
located   or  doing  business,  a  sworn   statement   of   the 
capital  stock,  setting  forth  particularly  : 

First.— i:\\e   name  and  location  of   the  compnny  or 
association. 

Second.— 'She  amount  of  capital  stock  authorized  and 


8kc.  «. 
AsresHorg  ;<hall 

fjiVO  IlOtil'PtO 

c<>riK)ratioii8 
to  flic  sclie<l- 
ult^, failure  or 
ni'Klei't  to  do 
so  a  iiiiKile- 
nieanor.  pen- 
ttllicH,  other 
duties  of  as- 
sessor. 


20 

tluMiumlK'r  of  sliiircs   iiitu   which  siidi  cnititiil  stock  is 
(liviih'd. 

T/ii/d.—Tho  aiTiomit  of  rni)ihil  stock  (stock)  {kM 
tip,  its  niaikot  viiliic,  iind  il'  no  iiiiiikct  value,  tiicii  tin; 
actual  value  of  the  shares  of  stock. 

Fourth.— '\\w.  total  aiuouiit  of  all  iiidchtediiess,  ex- 
cejit  indebtedness  for  (lurrent  expenses,  i^xcludinij;  from 
such  indebtedness  the  amount  paid  foi  the  purchase  or 
improvement  of  the  i)roperty. 

7*y/7/i.— True  valuation  of  all  tangible  i)roperty  be- 
h)ng*iug  to  such  company  ;  such  sdiedule  shall  \w  made 
out  in  (;onformity  to  such  instructions  and  forms  as 
may  be  prescribecl  by  the  auditor  of  public  accounts. 

Theassessor  shall  annually,  at  least  ten   days  before 
the  2Sth   day   of   February,  delivf^'   to   tl«e   president, 
secretary,  atu'ounting   officer  or  agent  of  any  such  com- 
pany, corporation  or  association,  located  in   or  doing 
business   in   such  county,  a  notice  in  writing  to  return 
such  schedule  by  the   31st  day  of  March  next  ensuing. 
Any  president,  secretary,    princii)al   accounting  officer 
or  agenr  of  any   such   companies   or  corporations  upon 
whom   such   notice  shall   have   been    s<n-ved,    wilfully 
neglecting  or  refusing  to  make   such   return  by  the  31st 
day  of  March  next  ensuing  after  delivery  of  said  notice, 
shall  be  guilty  of  a  misdemeanor,  and  upon   conviction 
shall  be  lined  in  any   sum   not   exceeding  one  hundred 
dollars  (s^iKK)),  or  imprisoned  not  exceeding  three  months, 
or  both,  and   the  assessor  shall,  from  the  best  informa- 
tion he  can  obtain,  make  out  and  enter  upon  the  proper 
assessment  roll  a  list  with   the  valuation  of  all  tangible 
and   intangible   property  belonging  to  such   defaulting 
company   or   corporation,    subject    to   taxation   by  the 
provisions  of  this  act,  with  fifty  per  cent,  penalty. 


1 


1  stock  is 


V  \  I.I  F(>K  N  I  A  . 


»('k)  paid 
,  llicii  lln! 

(liH'ss,  ex- 
iliiiy;  from 
ui'cliiist)  or 

r)j)erty  be- 
ll \w  made 
I  forms  us 
•counts. 

[lys  before, 

president, 
such  com- 
i  or  doing 
;  to  return 
:t  ensuing, 
ing  officer 
.tions  upon 
I,  wilfully 
by  the  :3l8t 
5aid  notice, 

conviction 
e  hundred 
ree  months, 
st  inform a- 

the  proper 
Ul  tangible 

defaulting 
ion  by  the 
nalty. 


r*0 />/<>'  AN/>  STATU TFi^  IH7n. 


("IVII.  CODK. 


CiiAi'TiMj  TV.-CAi{i{i.\«ii':  oi'  Mi:ssA(iKs. 

A   carrier  of  messages  for  reward  other  than  by  tele-SK.'  :ifli 
graph,  must  deliver  them   at    the  pl:iee  to  wliidl   t|„.y'";i'«'"i'"'"  "' 
are  addressed,  or  to   tin;  person  for  whom   they  are   in-    \'n"Zl^,.^.  " 
tended.     Such  carrier   by  telegraph  must   delivei'   them 
at  such  place  and  to  such  person,  provided  the  place  of 
address,  or  the  person  for  whom   they  are  intended,  is 
within  a  distance  of  two  miles  from  the  main  odice  of 
the  carrier  in   the  city  or  town    to  which  the  messages 
are   transmitted,    and    the  carrier   is   not    recpiired,   on 
making  the  delivery,  to  pay  on  liis  route  toll  or  ferriage  ; 
but  for  any  distance  beyond  one  mile  from  su(!h  ofHce, 
(;()mi)etisatioii  may  be  charged  for  a  messenger  emi)loy.(l 
by  the  carrier. 

A  carrier  of  messages  for  reward  must  use  great  care sk.   7i«a. 
and  diligen(!e   in  the   transmission  and  deliveiv  of  nies-*''"'"  ■""'  '""■ 

.,,,..    !_.  '  gi'iici'  r<'i|iiir- 


sages 


e<l. 


('iiAi'Ti:i:    V.     Common  (jAintn-nw. 


Aurici,;.:  IV.  — Commo.v  (Jauuii;i:s  of  Mi<: 


ssA(ii<;s. 


A  carrier  of  messages  by  felegrai)h  must,  if  it  is  prac-.SK.-  rw 
ticable,  transmit  every  sucii  message  immediately  ij|)(„iOniur  ..nrmis 
its  receipt,     liut  if  this  is  not  practicable,  ami  several    '"'''""""^"•' 
messages  accumulate  upon  his  hands,  he  must  transmit 
them  in  the  following  oidei' : 

1.   Messages  from    i)ublic  agetits  of  the  United  States 
or  of  this  State  on  j)ublic  business. 


I'  (I  r  .1  |i  li  ic 
mi'sHiip's. 


1 


oo 


2.  ^f^'ssaK♦'H  in  jx'mmI  fiiitli  for  iiiinicdiat**  imblirntion 
ill  ncwspiipcrs,  and  n(»l  I'nr  any  si'cr«'t  use. 

;j.  Mfssa^'cH  K>^''"«  inl"<)rnia(in!i  it'lalin^  (o  tlif  wicl^- 
iit'SH  (•!'  (li'atii  (if  any  pt'isdii. 

4.  Otliur  nies.sagos  in  the  order  in  wiiicli  they  aro 
received. 


Skc.  IIOIT 

Service  lij 

Kraph. 


(ALIFOHMA. 

CODE  OF  CIVIL  I'ROOF.J^UIiE. 
Chaptku  v.— Notk'ks  and  FiMN(i  AM)  Skuvice 

OK    PaI'KKS. 

Any  summons,  writ  or  order  in  any  civil  suit  or  pro- 
teie-(,p(.(|i,,„  .,,1(1  .,11  otlicr  lapcrs  re.iuirin<,' service,  may  he 
transmitted  by  tclegr.-ipli  for  service  in  any  place,  and 
the  teU'iiraidiic  copy  of  sucli  writ  or  orchM-  or  jiaper  so 
transmit te(l,  may  ht>  served  or  executed  by  tlie  oflicer  or 
person  to  wliom  it  is  sent  for  tliat  purpose,  and  returned 
by  liim,  if  any  retuiii  be  recjnisite,  in  tlie  same  manner, 
and  with  the  same  force  and  effect,  in  all  respecits,  as 
the  orijrinal  thereof  mii;ht  be  if  (h'livered  to  him,  and 
the  oflicer  or  person  servinj^  or  executing  the  same,  luis 
the  same  autliority,  and  is  subject  to  the  same  liabilities 
as  if  the  copy  were  the  oiiginal. 

The  original,  when  a  writ  or  order  must  also  be  filed 
in  the  Court  from  whicii  it  was  issued,  and  a  certified 
copy  thereof  must  be  preserved  in  the  telegraph  oflice 
from  which  it  was  sent.  In  sending  it,  either  the  origi- 
nal or  the  cerlifi(Hl  copy  may  be  used  by  the  operator 
for  the  purpose.  Whenever  any  document  to  be  .sent 
by  telegraph  bears  a  seal— either  private  or  official— as 
it  is  not  iiecessary  for  the  operator  in  sending  (he  same, 
to  telegraph  a  descrii)tion  of  the  seal   or  any  words  or 


m  i. 


2:{ 


l>li('nti«)n 
tilt'  wick- 
they  aro 


iUVICE 


I  or  ])r()- 
,  may  he 
lact;,  and 
paper  so 
oflictM'  or 
returiK!*! 
manner, 

plMitS,   MS 

Ilim,  and 
lime,  has 
labilities 

be  filed 
certilied 
1 1)1 1  ofliee 
Llie  origi- 
operator 
'  be  sent 
licial  -as 
he  same, 
words  or 


device  tliereon,  bnt  tli<>  same  may  he  expressed  on  i}w 
telegraphic  cnpy  Ity  the  Ifitcrs  "  ii.  S."  nv  by  the  word 
"8eal." 


(  AIJKOIIMA. 


PlhyAL   CODE. 


TiTLK   XII  f.      Ok  (vUlMKS    A(!AIXST   PltOlMMlTY 


ClIAPTKU   IV".  -FoKCiKUY   AND   CoHXTKUFKITINO, 

Every  person  wlio,  knowingly  and  wilfully  sends  by  «„•.  i.iiri. 
feh  graph  tonny  person,  a  I'alsc  or  foi'ired  mess;i''e,  i)np.  f''"KinK"i  i.i.- 

'  "        *  i^  I  ivriititi  111110. 

l)()rling  to  be  from  such  telegraph  oflice,  or  from  any 
other  person,  or  who  wilfully  delivers  or  causes  to  be 
delivered  to  any  person  any  such  message,  falst^ly  pur- 
porting to  have  been  received  by  telegraph,  or  who  fur- 
nishes, oi  c(»nspii'(^s  to  fuinish,  orc:iuses  to  be  furnished 
to  any  agent,  operator  or  employee,  to  be  sent  by  tele- 
graph, or  to  be  delivered,  any  such  message,  knowing 
the  same  to  be  false  or  forged,  with  the  intent  to  de- 
ceive, injure,  or  defraud  another,  is  punishable  by  im- 
prisonment in  the  State  Prison  not  ext^eeding  live  ye:irs, 
or  in  the  county  jail  not  exceeding  one  yeai-,  or  by  line 
not  exceeding  one  thousand  dollars,  or  by  both  line  and 
imprisonment. 


CALIFORNIA. 

Tit.  X.— Ok  Ckimks    aoaixst    tiiio    Puhlkj    IIeauii 

AND   SaKKTY, 

Every  person  who  is  intoxicated  while  acting  as  tele  "'•-f  ""fi 

"ntoxicalid 
"lieratdrs.^o. 


gra[)h  operator,  receiving  or  transmitting   messages   j-g. '""•"'*''""•"  "^ 
hiting  to  the   UKn'eaient  (d"  trains  is  guilty   of  a   misde- 
meanor. 


24 

CHAPTER  XV. 


MALTCIorS     IXJrUlKS    TO 


TELKOUAIMIS. 


se(;.  vm\. 

In.jmint?   ti'li 
Krapli  lines 


Every  person  wlu^  maliciously  takes  down,  removes, 
injures,  or  obstructs  any  line  of  telegraph  or  anv  part 
thereol,  or  appurtenance  or  apparatus  connected  there- 
with, or  severs  any  wire  thereof  is  goilf}'  '»f  ^  misde- 
meanor. 


(ALIFOUNIA. 


sv.c.  ism 9. 


Tit.  XIV.-Malicious  Mischief. 

Every  person  who  wilfully  discloses  the  contents  of 
i)is.i(.sinK<"n-.j^  tele'-rapliic  message  or  any  part  thereof  addressed  to 
grr^hlc  mi:;: another  person,  without  the  permission  of  such  person, 
*"*'''*•  is  punishable  with  imprisonment  in  the  State  Prison  not 

exceeding  live  years,  or  in  the  county  jail  not  exceeding 
one  year,  or  by  iine  not  exceeding  five  thousand  dollars, 
or  by  both  line  and  imprisonmenf. 
SKc.  iDfe'o.  Every  person  who  wilfully  alters  tiie   purport,  eftVct 

AitcrinK  I eio-^^.  j^,j^,,„':„o- of  a  telegraphic   message   to    the   injury  of 
.^rapiuc  '"^-^j^^^^j^^^.  iy  punishable  as  provided  in  the   preceding  sec- 
tion. ,  ,  . 

Every  person  not  connected  witli  any  telegrapliic 
f.ffice  without  the  authority  or  consent  of  the  person  to 
whom  the  same  may  be  directed,  wilfully  opens  any 
sealed  envelope  enclosing  a  telegraphic  message,  and 
addressed  to  any  other  person  with  the  purpose  of  learn- 
ing the  contents  of  such  message,  or  who  fraudulently 
represents  any  other  person,  and  thereby  piocures  to  be 
delivered  to  himself  any  telegraphic  message  address»!d 
to  such  other  person  with  the  intent  to  use,  destroy  or 
detain  the  same  from  tlie  person  or  persons  entitled  to 
receive  such  message  is  punishable  as  provided  in  section 
61U. 


Skc    i:!iW1  . 


i>r) 


CALIFORMA. 


OUAIMIS. 

n,  removes, 
r  iinv  part 
ected  tliere- 
)f  a  niisde- 


TiT.   XV.— Misc'KiJ.AXKous  Ckimk^. 


contents  of 
iddressed  to 
such  Merson, 
te  Piison  not 
ot  exceed  i  11  f^ 
sand  dollars, 

I  r port,  eftVct 
lie  injury  of 
recediiij^  sec- 

'  telegiai)liic 
lie  person  to 
y  opens  any 
message,  and 
pose  of  learn- 
fraudulently 
)i'ocures  to  be 
Lge  addressed 
5e,  destroy  or 
IS  entitled  to 
ded  in  section 


CHAPTER    IT. 
Ok  Miscellaneous    Offences. 

Every  au'ent,  operator  or  employee  of  any  telegraph  W":^'  '*«»• 

.,«     ,>  n  -I  .N'ckIim  I  or  post- 

office,  who  wilfully   refuses    to   send  any    messages   re-    ,,„>,e,„..„t  ,mt 

ceived  at  such  oflice  for  transmission,  or   wilfully   post-    "f  r.^uur 

•1  f     11  f  (irder  ol   trie 

pones  the  same  out  of  its  order,  or  willully  rciiises  or  jrrapiuc  mrs- 
neglects  to  deliver  any  message  received  by  telegraph,  ""«'"'• 
is  guilty  of  a  misdemeanor.  Nothing  herein  contained 
shall  be  construed  to  require  any  messagt*  to  be  re- 
ceived, transmitted  or  delivered  unless  the  charges 
thereon  have  been  paid  or  tendered,  nor  to  recpiire  the 
sending,  receiving  or  delivery  of  any  message  counsel- 
ing, aiding,  abetting  or  encouraging  f reason  against  the 
Government  of  the  United  States,  or  of  this  State  or 
other  resistance  to  the  lawful  antliority,  or  any  mes- 
sage calculated  to  further  any  fraudulent  plan  or  piir- 
jtose,  or  to  investigate  or  encourag(^  the  perpetration  of 
any  unlawful  a<!t,  or  to  facilitate  the  escape  of  any 
criminal  jierson  acv^used  of  crime. 

Every  a^ent,  oi)eralor  or  emi)loyee  of  any    telegraph  'i^--'-  i'i<'->9- 
office,  who  in  any  way   uses  or    appropriates    any    in-    .,,  ,.„,|,i,,yos 
formation  derived  by  him    from    any    private    message    ||';|J'«  i|'^|^^ 
passing  through  his  hands,  and  addressed  to  any   other    m,.hBws 
person,  or  in  any  other   maniic-r  acquired   by   him   by 
reason   of  his   trust    as   such   agenr,    operator  or  ^..i- 
ployee,  or  trades  or  speculates  u[!on  any  such  informa- 
tion so  obtained,  or  in  any  nianne"  turns  or  attei  ipts  to 
turn  the  same  to  his  own    account.  j<rolit    or  a<lvantage, 
is  ])unisliable  by  imprisoiinicnr  in   liie  State  I'rison  not 
exceeding  five  years,  or  by  imprisonment  in  the  county 
jail  not  exceeding  one   year,  or   l)y   line   not  exceeding 
live  thousand  dollars,  or  by  both  such  line  and  imprison- 
ment. 


30 

SEf.  1340,  Every  person  who  by  means  of  any  mncliin(\  instni- 

'''""''"'"""'"'^nient  or  contriviinoe,  or  in  anv   other   manner   wilfully 
coiiuiits  of  aaud  fraudiilently  reuils  or  attempts  to   lead   any   mes- 
i.h  Kraphiog^^gg   or  to  Icam  the  contents  thereof  whilst  the  same  *s 
being  s»Mit   over  any    telegraph    line,  or    Ailfully    and 
fraudulently  or  clandestinely  learns  or  atleu^pts  to  learn 
the  contents  or  meaning  of  any  message  while  the  same 
is  in  any  telegraph  office,  or  is  being  received  thereat  or 
sent  tlierefrom,  or  who  uses  or  attempts  to  use  or  com- 
municates to   others  any    information    so    obtained,  is 
punishable  as  provided  in  (i;?i). 
sKc.  13041.  Every  iterson  who  by  tlie  payment  or  inomise  of  any 

Krai'iilic  opi-r- ''^i''^'^)  iii<^l'i^'*^"'^'^f  or  reward,  i)r'jcures   or  atten.pts  to 
ators.  procure  any  telegraph  agent,  operator  or  employee   to 

disclose  any  private  messnge  or  tlie  contents,  purport, 
substance  or  meaning  thereof,  or  olfe»'s  to  any  such 
agent,  operator  or  employee,  any  bribe,  ccnijiensation  or 
reward  for  the  disclosure  of  any  ])rivate  information 
received  by  him  by  reason  of  his  trust  as  such  agent, 
operator  or  emi)loyee,  or  uses  or  attempts  to  use  any 
such  information  so  obtained,  is  punishable  as  provided 
in  section  C39. 


CALIFORNIA. 


PENAL  CODE-PART  11. 


TITLE    in. 


CRIMINAL  PROCEDURE. 


CiiAPTKK  v.— AuuKsr  nv  whom  and  how   madk. 

sk.   isHT^t.  A  Justice   of   the  Supreme  C\)urr,  District  or  County 

Amst  by  t<'>'-  Jmi.re   or  the  Judge  of  the  Municij)al  (Criminal  Court  of 

graph.  r^    '  cj  -I 

San  Francisco,  may,  by  an  endorsement  under  liis  hand 


A 


■Eii 


37 


in(\  instru- 
n-  wilfully 

any  nies- 
lie  same  *s 
Ifully  and 
pts  to  loarn 
le  the  same 

tliereat  or 
ie  or  com- 
)btaine<l,  is 

nise  of  any 
t tempts  to 
nployee  to 
i,  purport, 
any  such- 
ensationor 
nformation 
ucli  agent, 
to  use  any 
s  provided 


V     MADK. 

or  Comity 
al  Court  of 
iv  liis  liand 


upon  a  warrant  of  arnvst,  autliorize  the  service  thereof 
by  telHjriaph,  and  thfieafler  a  telegraphic  copy  of  such 
warrant  may  be  s«Mit  by  telegraph  to  one  or  more  ]»eace 
officers,  and  such  c(»i)y  is  as  effectual  in  tlu' hands  of 
any  odicer,  and  lie  must  proceed  in  the  same;  manner 
under  it  as  though  he  heUl  an  original  wariant  issued 
by  the  Magistrate  making  the  endorsement. 

Every  officer  causing  telegraphic  coi)ie.s  of  warrants  tosw  iism. 
be  sent  must  certify  as  coriect,  and  file  in  the  telegraph'^'""* 
office  from  which  co})ies  are   sent  a  coi)y  of  the  wan-anc 
and  endorsement  thereon,  and  must  return  the   original 
with  a  statenient  of  his  Jiction  thereunder. 


SUPPLEMENT  OF  CODES   AND   STATUTES 
OF  CALIFOllNI A— 1877-1880. 


VOL.     III. 


Amendments  to  Pomtkai,  (!oi)k. 
Telegrai)h   lines   must   be   assess,  d    the  same  as  renl^^''  ■■"><■-''• 


estate  by  the   assessoi'  of  the  county  at  a  rate  per  mile    ii,„>s, i,„w us 
for   that   portion  of  such  property  as   lies  within  his   ^'''''""' 
county. 

(Amendment,  approved  April  15,  18S0;  Amend- 
ments 1880,  58  (liaii.  ed.,  252),  took  effect  immme- 
dialely.) 

Every  person  who  wilfully  discloses  the  contents  of  asi-.v  i.wii. 
telegraphic  message,  or  any  part  thereof,  addressed  t<> ''uMl'tror  I.'i" 
another  pei'son,  without  the  permission  of  such  ptMson, 
unless  direclcd  so  to  do  by  the  lawful  order  of  a  Court, 
is  punishable  by  imprisonment  in  the  State  Prison  not 
exceeding  five  years,  or  in  the  County  .fail  not  exceed- 
ing one  year,  or  by  line  i\ot  exceeding  five  thousand 
dollai's,  or  by  both  tine  and  imi)iis()nmeut. 

(AmeiidiiKMit,  approved  A})ril  15,  1880;  Amend- 
ments 1880  (:{8  ed.,  224),  took  effect  (JOtli  d;iy  after 
passage.) 


saK'rS. 


2S 

SFr.  i3«<).  A  Justice  of  the   Supreme  Court,  or  a  Judfje  of  a 

'^'^Zlh.^  ""'""Superior  Court,  may,  by  au  endorsement  under  liisliand 
upon  a  warrant  of  arrest,  autliorize  the  service  tliereof 
by  tele^rapli,  and  tlKM-t-after  a  telegrapli  cojiy  f)f  such 
wan-ant  may  be  went  by  teli<i;rnpli  to  one  or  more  peace 
officers,  and  sucli  copy  is  as  eU'ectual  in  tlie  liaads  of 
any  officer,  and  he  must  proceed  in  tlie  same  manner 
uiuler  it  as  though  he  lield  an  original  warrant  issued 
by  tlie  Magistrate  making  the  endorsenu^nt. 

(Amendment   Apl.  12,  1880,    :V,i  (IJan.  ed.,  ^00),  took 
effect  immediately.) 


CALIFOllMA. 


S  TA  T  U  TE  S      OF      1  8  8  0 


(llAPTKK  ex XV. 

Au  Act  to  amend  section  Oil)  of  tin-  Penal  Code,  rrhilive 
to  di>' losing  the  contents  of  a  telegnii)hic  message. 
Approved  April  IT),  1880. 

The  I'eople  of  the  State  of  (J:iIifoi'nia  rei)resented  in 
Senate  and  .Assembly,  dc  enact  as  follows: 

Section  si.\  hundred  aiul  n'ti/teen  of  said  Codt>  is 
hereby  ametulcd  so  as  to  read  as  follows  : 

Oil).  Kver\'  person  who  wilfully  discloses  tlie  con- 
lenlsof  a  telegraphic^  message,  or  any  part  fheieof,  ad- 
dressed to  another  person,  without  the  permission  of 
such  person,  unless  directed  so  to  do  by  the  lawful 
order  of  a  Court,  is  punishable  by  impiisonmenf  in  the 
Slate  Prison  not  exceeding  live  yeai's,  or  in  the  county 
jail  not  exceeding  one  year,  or  by  tine  not  exceeding 
live  thousand  dollars,  or  by  both  line  and  im[»iison- 
ment. 


Jiulfje  of  a 
(lev  his  hand 
vice  thereof 
)l)y  of  sii';h 
■  more  peace 
lie  luuids  of 
line  manner 
rrant  issued 

,  ^00),  took 


CIIAl'THR  CXldll. 

An  Act  l'>  amend  seclion  I^fid:?  of   Ihe   Political  Code  re- 
lating' to  llevenne.     Aijpruved  Ai)ril  !.'>,  I8H0. 

'Pile  People  of  the  State  of  t-alifornia,  lepresented   in 
Senate,  do  enact  .is  follows  : 

Section  three  tlions;iii(l  six  hundred  and    sixty-threesw  1. 
ol'  the  said  Code  is  lierel)y  amended    so   as    to    read   as 
follows  : 

'MMhl  Water  ditches  constructed  t"or  minitiL!:.  maun 
factniinj;  Ol"  irriication  purposes,  and  wa.non  or  turnpike 
toll  roads  or  teleg-rapii  lines,  must  be  assessed  the  same 
as  real  estate  by  the  asst^ssor  of  the  county,  at  a  rate 
])er  mile  for  that  portion  of  such  property  as  lies  within 
his  county. 

This  act  shall  take  elfect  immediately.  skc.  a. 


>de,  relative 
it;  messa<^e. 


•resented   in 

lid   Codt*   is 

3S  the  con- 
thereof,  ad- 
rndssion   of 

the  lawful 
ment  in  the 

(he  county 
L  exceediu";' 
1   im[>iison- 


(OLORADO. 


a  EN  E  It  A  L  LAWH  KS77. 


Cil AFTER  XIX. 


CoKI'OltATIONS,  28!). 


Telefjraph  Cumpanies. 

Whenever  any  number  of  persons  organize  under  the  sec.  99. 
provisions  of   this  act    to  form  a  company  for  the  i)ur-^^''"'  ",'''*"  ''" 

i  .  staled  111  ccr 

pose  of  constructing  a  line  of  magnetic   telegraph  iu    tuuiite  <.f  in- 
this  State,  their  or  his   certificate  shall   specify  as  fol-    '^"■•"°™""" 
lows  :  The  termini  of  such  line  or  lines,  and  the  counties 
through  which  they   shall  pass;  and  such  company  is 
hereby  authorized  to  construct  such   telegraph  line  or 


!'l"l"'«   JLUNiJJ__. 


;}(> 


lines,  from  point  to  jxtint   nlong   and    upon  any  of  tli<; 

I'so   of  nimisPiiblii;  roads  by   the   ereetion  of  tiie  nee  ssuiy  lixtnres, 

"'"'"''''''""^^inclndini' posts,  itiers  and  ahiilnients  neeessarv  for  the 

not  to  liii  o|]        .  .  " 

.sinictf.i       wires;  jirovided,  that  the  same  shall  not  incomniodtUlie 
l)ul)li('  in  the  use  of  said  roads  or  lii«^iiv  ays. 
rkc.  100.  No  such  C()mi>anv   siiall    liave  the  ri<fht  to  erect  any 

('oiiscnt  of  cor-  .  ,  '. 

iH,r.it..     till  p( ties,  i)osts,  i)iers,  abutnuMits,  wires  or  otlier  hxtures  ol 

tliorilv  to  be  '  I  '    I  J  1 

obniine.1  for  their  liiiHs  aloU";  or   upon   any  street,  alley,  or  other 

(•ruction      i  II      .  "  '^  ''  '  J  ' 

<iti.-s  ftiKjliicriiway,  or  public   jijround,    witiiin   any   incorporated 

towns,     iiiul        ~  "^  '  ^  ~  '  ''  '■ 

omTo'''  o'f*''^^'   '""   t<^'"'"5    without    the   (Consent   of   the  cor[)orate 
county citTkH;,, I tiioii lies  of  s„(,ij  (.jfy  qj.  town. 

The  consent  herein  required  must  be  in  writing,  and 
sliall  l)(!  recorded  in  the  Recorder's  oflitie  of  the  county 
in  wiiicii  the  city  or  town  is  located.  Any  such  city, 
council  or  board  of  trustees  of  such  city  or  town,  as  the 
case  uiay  be,  shall  have  powi-r  to  direct  any  alterations 
in  the  location  or  erection  of  any  sucli  poles,  posts, 
piers  or  abutmentr',  and  also  in  the  InHght  of  the  wires, 
liaving  lirst  given  the  company  or  its  agent  oi)portunity 
to  be  heard  in  regard  to  such  alterations. 

St..'.  101.  If  any  company  owning  or  operating  any  line  of  tele- 

Forf.itur.'   of  j^,.;,,,]^  j,,  jjjjj.  ^(atc  sliall   refuse  to  receive  any  despatch 

ri>;lit8       mill  ,  ./  i 

franciiisisior  froiu  Miiy  other  company  or  person  owning  or  operating 
mriet'iorre  ,j„y  tclegiaph  Uiie  lu  tlils  State,  or  shall  refuse  or  wil- 

liisal    to    re-        J  r<       i  i 

ceiveortrans  fully  neglect  to  transmit  the   same  in  good    faith,  and 

•""'"'''"""'' without    partiality,    the    company    so    offending  shall 

forfeit  all  rights  and  franchises  acquired  under  the  laws 

May  !).■  enjoin- ^^  tliis  State,  aud  may  be  enjoined  therefrom  by  bill  of 

to  complaint,  liled  in  any  Court  of  competent  jurisdiction, 

and  be  liable  to  pay  all  damages   which  shall  accrue  by 

reason  of  such  refusal  to  the  company  or  person  offering 

such  despatch  for  transmission. 

It  shall  be  the  duty  of  all  persons  employed  in  trans- 


I'd    liable 
I'tty- 


SKC.  lOS. 
I{  e  e  0 1  p 
truimiiiittulof 


'^'^''^"'''"^  "'""mitting  messages   by  telegraph  to  transmit  them  in  the 


luesstiges. 


order  in  which  they  are  received,  and  any  person  who 
shall  fail  so  to  transmit  a  message,  or  who  shall  suppress 
a  message,  or  who  shall  make  known  the  contents  of  a 
message  to  any  ])erson  other  than  the  one  to  whom  it  is 
addressed,  or  his  agent,  shall  be  deemed  guilty  of  a  mis- 


81 


any  of  tlio 
ry  fixtures, 
;;uy  for  tin? 
)ininutlt'  tlio 

0  erect  any 
v  tixture.s  of 
y,  or  other 
iicorporated 
a  corporate 

n'itiug,  and 
the  <'ouiity 

such  city, 
own,  as  tlie 

alterations 
oles,  posts, 
f  the  wires, 
>l)port  unity 

line  of  tele- 
ly  despatdi 
ir  operating 
"use  or  wii- 
faitli,  and 
ndiiig  shall 
ler  the  laws 
u  by  bill  of 
urisdiction, 

1  accrue  by 
son  offeriiif^ 

ed  in  trans - 
hem  in  the 
person  who 
ill  suppress 
ntents  of  a 
whom  it  is 
ty  of  a  mis- 


demeanor. an<l  be  ]>iinislied  by  a  line  not  exceeding  live 
hundred  dollais,  and  said  company  shall  b-;  liable  for 
all  damages  residting  therefiou). 

Any  com[»any  formed  uiuler  tln^  ))rovisions  of  this  act  si.<.  loo. 
forthe  puri)()se  of  constriu'tinganv  *  '^'  *  *  *  tele<fiaph*  '  *"'''"^''"'''' 

,.  ,  n         J  r>       I  com  luiMii's: 

line,  shall,  wiihiu    ninety   days   from    the  date  <d"  their    umitof  tim.- 
certilicate,  connuence   work  on   such  *  *  *  *  telegraph    I,,','.,^,,,- mhm! i 
line   as   shall    be    named    in    tiie   ceililicate,   am",    shall    mxi  rom\,u- 
prosecute  the  work  with  due  diligence  until  the  same  is    """"'^*"'■''• 
compli'ted  ;  and  the  time  of  the  comi)letion  of  any  such 
*  *  *  *  telegraph  lim;   shall  not  be  extended  beyond  a 
period  of  two  years  from  the  time  work  was  commenced 
as  aforesaid  ;  and   any   company    failing   to  commence 
work  within  ninety  days  from  the  date  of  the  certificate, 
or  failing  to  comi)lete   the   same  witlnn  two  years  from 
the  time  of  commencement  as  afoi-esaid,  shall  foifeit  all 
rights  so  claimed,  and  the   same   shall  be  subject  to   be 
claimed  by  any  other  comi)any.   *  *  *  *  * 

Any  person  who  shall  wilfully  or  maliciously  danuigesKr.  107. 
or  interfere  with  any  *  *  *  *  telegraph   line  or  any  of  ^^■"''"' "'■ '"""• 

,  .  1         •  1  ^       1  J  i-ioiis  inttTle- 

tlie   fixtures,  tools,   implements,  appurtenances,  or  any    renc-  wun 
property  of  any  company  which  may  be  organized  under   I'n-ixrty  of 

.  .    .  /•       1   .  corporali  )iis 

the  provisions  of  this  act,  ui)on  conviction  thereof  be-  ii.Tim-d  mis 
fore  any  Court  of  (Hunpeteiit  jurisdiction  in  the  county  ''*'""'"""'■• 
wliere  the  offense  shall  have  been  committed,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  punished 
by  line  or  imprisonment,  or  both,  at  the  discretion  of 
the  C;)urt  ;  said  imprisonment  not  to  exceed  one  year, 
and  said  fine  not  to  exceed  five  hundred  dollars  :  which 
fine  shall  be  paid  into  the  county  treasury  for  the  use 
of  conuuon  schools,  and  said  oifender  shall  also  pay  all 
damages  that  any  siu^h  corporation  may  sustain,  to- 
gether with  costs  of  suit. 

It  shall  be  competent    for  any   railroad   or   telegrai)h8Kc.  ns. 
company  or  corporation  upon  a   vote  in   person   or  by  "'^'"''"""'"lt 

,  ,  ^1  •     1      •  1  ,•  -.        ,.1111  i  nrtielcsof  as- 

proxy,  or  two-thirds  in  value  01  its  stock  holders  at  any    social  ion  may 
meeting  thereof,  to  alter  and  amend  its  articles  of  asso-    i^" amended, 
ciation  so  as  to  change  its  termini,  or  so  as  to  extend  the 
length  of  the  line  thereof  from  either  of  its   termini   to 


M2 


said  fiirlluT  iiiid  otlior  point  as  tliey  may  (Icfeiiiiiiit',  or 
for  tlie  purpose  ol"  (MMistnictiiij;  bniiiclics  fidiii   its  iiiMiii 
line,  and  upon  such  vot<'  the  said   eomi-any    may   nial<e 
articles  ameiuhitory  of  their  orii-inal  articles  for  tlie  pur- 
pose of  extending  (»r  changing  tlie  line  of  its  road,  cr  for 
constructing  branches  from  its  main    line   as  afon-said, 
and  whenever  any  such  company  or  corporation   shall, 
by  a  vot(!  of  two-thirds  in  value  of  its   stockholders,  so 
determine  to  amend  or  alter  their  articles  of  association, 
and  sliall  certify   to   such    amendments    (>r    alterations 
made  as  aforesaid,  under  the  corporate  seal  of  suidi  com- 
pany or  corpox'ation  attested  by  its  president  and  secre- 
..n  tarv,  and  shall  lile  such  certificate  in  the   oflice    of    the 
cu.e  ihonof  Secretary  of  State,  and  also  in  the  ofhce  of  the  Ke(!oidei 
"''■''"' """=':\,f  Deeds  in  the  cimnty  wh>'.ein  the  principal  business  of 
„f  Stat.' aiuieacdi  company  may   be  carried    on;  sucli    ameiuiment, 
'''''"!!i„t;,?;ani.MulnuMits  or  alterations  shall  have  the  same  force  and 

unit  niiiiii  iiio  ,  111 

to  have  for(ey(fj.,.t  jiy  tliougli  Said  amendment  or  alteration  had  been 

or"KinaT''lr' included  In  and  made  a  part;  of  and  embraced  in  its  orig- 

ticiea.  jual  articles  of  association. 

sfc  hi.  If  any  corporation  formed  under  this  act  for  the  pur- 

iu-w  titu.  topfjgy    (,f    constructing    a     *****     *     telegraph 

may'iM-".!.^     *     *    *     line,  sliall  be  uuable  to  agree  with  the  owiier 

,,uii.-iincn8ef,)j.  ^jg  purchase  of  any  real  estate  required  for  the  pur- 

menTwUhpose  of  Riiy  sucli  corpoiatioii  or  company,  or  the   trans- 

owncre.        action  of  the  business  of  the  same,  or  for  right  of  way  or 

any  other  lawful  purpose  connected  wirh  or  necessary  to 

the  operation  of  such  company,  such  corporation   may 

acquire  such  title  in  the  manner  provided  by  law. 


i 


its  iiiiiiii 
liiy  iiiiik*'! 
r  llif  pui- 
)a(l,  cr  fdi' 
aforesaid, 
ioii  shall, 
oldtTs,  so 
^socialioii, 
ilterations 
such  coin- 
nid  SIM!  re - 
;e  of  the 
)  Re(U)rder 
(Usiiiess  of 
lU'iidinent," 
e:  force  and 

li;ul  been 
in  its  orig- 

DV  the  i)ur- 
telegrapli 
the  owner 
or  the  pur- 
the  trans- 
t  of  way  or 
ecessary  to 
ation  may 
law. 


C  0  L  0  11  A  1)  0  . 


GENERAL  LA  WH  OF  1877. 


ClIAPTKll  XXIV. 

CRIMINAL   ('ol)K. 

Division  .\1.  OfTeiioes  committed  by   cheats,   swindlers 
and  other  fraudnleiit  persons. 

It  shall  be  a  misdemeanor  punishable  with  a   fine  notsR'  ~7. 

1  1111  •  •  ^         L   L     l>ivulKiiiK  con 

exceeding  one  thousand  dollars,  or  iniprisonmer^  not  to    t.nus  or  |.ur 
exceed  one  year  or  both,  in  any  employee  of  ji  telegraph    pos.-  ..f  u-iu 

,  .  •ii'iiTi  .^1  tcnipl'lc  lilt's- 

company  or   any  other  person    to   wilfully  divulgt;  the   ^^^^ 
contents  or  the  purport  of  any  message  or  part   thereof, 
sent  or  to  be  intended  to  be  sent  over  the  telegraph  line, 
and  tlie  offender  shall  be  liable   for  damages   in  a  civil 
action. 

It  shall  be  a  misdemeanor  punishable  (as   in   the  last  «•■:<'  "h, 
foregoing  section),  to  knowingly   and  wiUully   send  or   ^,,^1,,^.  uxu>^ 
deliver  a  false  message,  or  to  furnish  or  conspire  t»»  fur     t.-h'^nii'iiic 

"  1     1  •  1      liiesdiKe  with 

nish  such  message  to  an  operator  to  be  sent  or  delivei-ed    intent  to  lu- 
with  intent  to  injure,  deceive   or  defraud   any   person, 
corporation  or  the  public,  and  the  offender  shall  be  liable 
in  a  civil  action. 

It  shall  be  ii  misdemeanor  punishable  as   in  section  F 
to  wilfully  or  unlawfully  open  any  sealed   envelope   in-'';"™;"'';;, 
closing  a  message  with  a  view  of  learning  its   contents,    i).rsoiiatiiiK 

1.  Ti.^1  ..  ..1  lit  I  aiii'thcr    for 

or  to  fraudulently  personate  another,  and  tliereby  jno-    p„r,M,s.-  or 
cure  the  delivery  to  himself  of  the  message   directed  to    prot^^unnK 'i- 

.    ,       ,        .  -,  .         livery      of 

such  person.  With  the  intent  to   use,  destroy   or  detain    messugo 
the  same,  and   the  offending   party  shall   be   liable  in 
treble  damages  to  the  injured   person   for  all  damages 
sustained  thereby. 

It  shall  be  a  misdemeanor  punishable  as  in  section  A  Ke'„;ii,1^  or  nt 
to  wilfully  and  fraudulently  read  or  attempt  to  read  by  n.Hir,V,".wal;e 
means  of  any  instrument  or  in  any  other  manner  any    *^"'" ""■■»"- 


jure. 


Skc,  778. 


84 

iiiossM^o  (in  its  frniisir,  or  lo  wilfully  mikI  fiiuidiilt'iitly  <>r 
(•laiidrsliiK-ly  U'Miii,  <.i:ilh'm].t  to  Ifiii  ii  tli.' roiil.'iiis  or 
iii<'!miii<j;  of  ii  niHssiifjjc  uiiil.-  in  :i  (ch-giiipli  oHicc,  or 
while  JM'iiiK  st'cuicd  tlifivat,  or  sent  tluTt-froni,  or  to  us." 
or  iitleiiipt  lo  iiscor  ciMmiiiiiiicMti' ;uiy  iiiforin:ilioii  so  ol) 
t;iiii('(l  \)\  any  lu-rsoii.  and  the  otfriidLT  yhall  l»t!  lia!»K'  to 
(laiiia^t'S  in  a  civil  action. 
HKc.TM.  It  shall  1)0  a  misdemeanor   piinisliaMe  as  in  sec^tlon  F 

ii.ii...iy  of  tele  i„.ii,o  a  tele'n-ai.h  operator  or  emiiio\c.'|(.  disclose  any 
iitors  or  •Mil  private  mt^ssa.yc  or  the  pnriiort  ol  tiie  same,  or  to  oiler 
'''"'^'  a  bribe  to  siicli  operator  or  eni|doyee,  ft>r  the  disclosure 

of  any  private  information  received  by  him  by  reason 
of  his  trnst  as  aj,'ent  of  a  tele^n'aph  company,  or  lo  nse 
or  altempi  to  use  such  information  when  obtained. 


LAWS  OF  (ONNECTKIT. 

CITAPTER  XXXTV. 

An  Act,  in  relation  to  Telef>;raph  Com  panics- 

V,e   it   enact(Hl  by  the  Senate  and  TIouso  of   Hep''e- 
sentatives  in  General  Assembly  convened. 

TELEGRAPH  BILL. 

Skction  1.  Whenever  it  sliall  be  necessary  to  mil 
or  otherwise  disconnect  the  wires  of  any  tele<j;rapli 
company,  or  to  remove  them  from  the  poles  or  iixtnres  to 
which  they  are  attached  in  order  to  remove  a  building 
across  tlie  same,  or  for  any  other  purpose,  any  person 
desiring  to  so  cut,  disconnect,  or  remove  such  wires, 
shall  have  the  right  so  to  do,  exercising  reasonable  care 
therein,  provided,  that  befcn-e  doing  so,  he  shall  make  a 
statement,  in  writing,  by  him  signed,  of  the  time  when 
and  the  parliculur  place  where,  by  reference  to  the  cross- 


liilt'iitly  or 
itiitniis  or 
I  ofllct'.  or 
1,  or  to  U.S4 
,li(»ti  so  oh- 
L)t!  liii!»le  to 

1  section  F 
is('los<>  ;iiiy 
or  to  olTfr 
(llscIo.siii'H 
1  liy  It'll  son 
',  or  to  iis«» 
lined. 


80 

in^'s  of  III.,  siivris  or  liinli\v;iys.  Ii«' wishes  to  cut.  dis- 
connect, (M'  reiiiov,.  siieji  wir.'s  ;is  :i foresaid,  and  leavo 
the  same  al  (lie  ollice  of  siieli  company,  if  any  there  is  in 
the  town  wliere  sncli  place  is  sitnat.'d.  twenty-foiir 
hours  before  tlie  time  so  stated  :  and  if  such  company 
has  no  ofHci'  in  the  same  town,  th>-ii  li.'  shall  send  sncli 
stiitenienl  hy  nini!  to  llieollic..of  such  company  nearest, 
to  the  place  named  therein,  hy  pntlin^r  if,  im,,  }|„,  p„j,f. 
odice  properly  directed  and  siampe.l,  ihre(>  days  hefor.. 
the  time  staled  thei-ein. 

SiocrioN  'i.  Whoever  shall  wilfully  or  re(ddessly 
cut.  disconnect,  remove,  (U'  otherwise  interrupt  the  use 
»»f  any  lele^r,..,p|,  win-s,  without  lirst  Kiviii;;  notice  as 
provided  in  the  lirst  secticm  of  thisact,  shall  !).>  punished 
us  provided  in  section  SSth  i  title  l-Jlhtof  the  4ih  chapt.-r 
of  the  Itevised  Statutes  of  this  Stale. 

Siocriov:}.  'I'his  act  shall  tnke  eirect  when  approved. 
Approved     duly  ^4,  ISOS. 


nics. 
of  Repre- 


LAWS  OK  (ONXKrTICU' 


;ary  to  cut 
tele<i;raidi 
r  fixtures  to 
a  building 
[iny  person 
■iucli  wires, 
lonable  care 
Kill  make  a 
time  when 
to  the  cross- 


UKVhSED~\Sir). 


(PART  10.) 

Sicc.  I.  1H4S.  Every  Telegraph  Company  may  main- 
tain and  construct  lities  of  telegraph  upon  any  highway 
or  across  any  wafers  in  this  Slate,  by  the  maintenance 
and  erection  of  the  necessary  fixtures  including  posts, 
])iers  or  abutments  for  su.staining  wires.bnt  the  same  shall 
not  be  so  constructed  as  to  incommode  the  public  travel 
or  navigation,  nor  to  injure  any  tree  without  the  consent 

of  the  owner.nor  shall  siudi  company  conslriict  atiy  bridge 
across  any  waters,  ;ind  said  lines  shall  be  personal  pix)- 
perty. 


:u? 


Skc.  2.  1H'1!>,  l.^'io  No  'r»'lf^r:i|ili  Cnmiiiiny  or  Msudcia- 
tioii  may  place  any  piers,  |Mists  or  Mliiitnifiits  i:  oi  u\u)U 
any  lii^'liway  witludit  tlu- consfin  of  (lir  adjoinin^r  pio- 
l)iit'tois,  or  ill  cast-  siicli  coiisnit  cannot  l»c  ohinincd  witli- 
oiit  tlu' apptoval  in  writiii;^' of  a  county  connnissioiicr  of 
tlie  comity  when'  sncii  land  is  nitnatcd,  which  t<liall  be 
given  only  after  a  hearing  iijion  iliie  notice  to  ancli  pro- 
prietors.and  any  county  coinmissioiier  within  the  comity 
in  which  lie  helonus  may  make  all  jtroper  orders  icf^aid- 
iiijj;  llie  location  or  coiislniclion  of  any  such  posts,  pieis 
and  abntmt.Mitsand  may  change  such  locatioiiaftei' giving- 
reasoniihic  notice  to  such  com|)any  li>  appear  and  be 
heard  relative  thereto,  and  his  fees  shall  be  paid  by  such 
company  exce[)t  when  he  shall  decid*;  in  its  favor  in  an 
application  aj^ainst  it  when  they  shall  be  paid  by  the 
applicant. 

Si:(!.  3.  1800,  1874.  Tin-  Sui)erioi' Court  may  order  the 
removal  of  any  t<'lei;-rai»li  poles  in  the  county  where  such 
court  is  held  on  the  complaint  of  tlr^  State's  attorney 
or  any  party  aggrieved  by  their  location. 

Si-:c.  4.  18(')().-Tlie  Warden  and  Burgesses  of  any 
borough  and  the  Common  Council  of  any  city  may, 
up('ii  giving  reasonable  notice  to  any  Telegraph  Com- 
pany, compel  it  to  r-irnish  ])oles  of  such  style  and  liiiLsh 
as  they  may  delerni:  •"   within  their  limits. 

Skc.  T).  1800,  187-^.  Any  .Judge  of  the  Sui)erior  Court 
may  upon  the  api>!ication  of  any  jiarty  interested  and 
after  due  notice,  unless  the  application  has  been  un- 
reasonably delayed,  appoint  three  disinterested  persons 
to  make  a  written  appraisal  of  all  damages  which  may 
be  due  to  any  person  by  reason  of  anything  which  may 
have  been  done  by  authority  of  the  first  tlirei^  sections, 
and  said  api)raisal,  when  approved  by  such  .Judge, 
sliall  l)e  returned  to  and  recorded  l)y  tlie  Clerk  of  the 
Superior  Court  in  the  County  where  tlie  cause  of  action 
arose,  and  tliereni)oii  the  sum  specified  therein  shall 
J)e  paid  immediately  by  the  company  to  the  party  en- 
titled to  tlie  same,  or  tlie  .Judge  may  order  the  same  to 
l)e  paid  immediately  into  the  hands  of  said  Clerk,  to  l)e 


IM,,,: 


or  jisH<t(')a- 
i'.  or  ii|i.it) 

lined  witli- 

issidlHT  (if 

li  sIimII  1)0 
)  siu'li  pro- 
lilt'  county 

fl'S   It'f^Mld- 

lOStH,  pit'is 
ifUM'^iviiif^ 
'ill'  :ni(l  be 
lid  hy  siicli 
I'livor  in  !in 
laid  by  tliQ 

ly  order  tlie 
wlicri'  siK'ii 
jji   iittoincy 

<t's   of  any 

city    luiiy, 

riipli    Cdin- 

)  and  liiiiijli 

erior  Court 
rested  and 
>  been  tin- 
ted persons 
wliicii  may 
which  may 
!e  sections, 
icli  ,)iid<i;e, 
erk  of  the 
se  of  action 
liei'eiii  siiall 
party  en- 
he  same  to 
Jlerk,  to  be 


i 


dfliveivd  l)y  him  on  demand  to  s;iid  parly,  and  the  costs 
of  such  procendin^  shall  l)f  taxed  l>y  said  .liid^'e  and 
jiaid  ')y  said  Company,  and  he  may  issue  execution 
therefor  and  for  such  damaues. 

Si:('.  (i.  KStiH.  Wiien  il  shall  be  necessary  to  cut  or 
otherwise  disconnect  the  wires  of  any  lelen;  apli  com- 
pany, or  remove  llieni  from  the  pides  oi"  lixlures  to 
which  thoy  are  attached,  for  the  transportation  of  any 
object  on  the  lii^hwav,  any  jieisoii  may  do  so.  exeicisine; 
reasonable  care  iherein,  pro\  ided  that  before  doini;'  so  he 
shall  leave  a  statement  in  writing'  particularly  describ- 
ini;  the  time  when  and  the  place  where  he  wishes  to 
disconnect  such  wires,  at  the  ollice  of  such  company,  if 
any  then;  be  in  the  town  where  such  jilace  is  situated, 
tucnty-four  hours  before  the  time  so  slated,  and  if  smdi 
Company  has  no  odice  in  the  same  town  he  shall  send 
siudi  statement  to  its  oflice  neai'cst  to  the  place  named 
therein  by  jiuttiufj,'  it  ii.to  the  post-oflice  projieily  di- 
rected and  stamped  three  ilays  before  the  time  statt-d 
therein. 

Si.:('.  7.  184S.  The  stockholders  of  every  Telegraph 
Company,  or^^anized  under  the  laws  of  this  State,  shall 
be  jointly  and  severally  liable  for  the  payment  of  all  its 
debts  contracted  or  diu>  duriii<;'  the  tinit!  of  their  holdin<? 
stock  therein,  to  the  extent  of  twenty-live  per  cent,  of 
the  amount  of  stock  held  by  them  lespectively,  if  a 
judgment  thereon  shall  have  been  obtained  by  the 
claimant  atiaiiisl  the  Company  and  an  execution  thereon 
shall  liavt^  been  i-eturned  unsaiislied,  or  if  such  Company 
shall  be  dissolved. 

SiX'.  8. — Telegi'aph  Companies  shall  receive  dispat(die3 
for  any  person  and  for  other  tvi'leoraph  lines,  and  shall 
transmit  them  in  the  order  of  time  in  which  they  are 
received  on  payment  at  their  usual  (diarges,  under  tlie 
penalty  of  one  hundred  dollars  for  e"ery  neglect  so  to 
do,  to  be  recovered  with  costs  by  the  party  aggrieved  ; 
but  arrangements  may  be  made  ^vith  publishers  of 
newspapers  for  the  transmission  of  news  out  of  its  gen- 


88 

eial  order,  iiiicl  all  coinnuiiiicatioiisfor  ()flic(>rs  of  .Iii.stice 
sliull  take  precedence  ol"  all  oilier  dispatches. 

CHArTER  4. 

Skc.  34.  1S4S,  1808.— Every  person  who  shall  unlaw- 
fully and  intentionally  injure  or  destroy  any  of  the 
lines,  posts,  piers  or  abutments,  or  the  niateiialor  prop- 
erty belonging  thereto,  of  any  telegraph  company,  or 
shall  wilfully  or  recklessly  interrupt  the  use  of  any 
teh'graph  wires,  without  lirst  giving  to  such  Company 
the  notice  required  by  law,  shall  be  lined  not  more  tlian 
two  hundred  dollars,  or  imprisoned  not  more  than  one 
year,  or  both. 


(JONNECTICUT. 


rUBLW  AVTH  OF  1881. 


CHAPTER  XLTI. 

An  Act  Concerning  Telephone  and  Telegraph  Lines. 

Be  it  enacted  by  the  Serate  and  House  of  Representa- 
tives in  General  Assembly  convened. 
i'r.-scrii.tivo     No  persou  or  corporation   building  and   maintaining 
nun-"rteleph()ne  (U-  telegraph   wires  in   thi:s   State,    shallby 
tiioKrapi.  orj.gj^g^,,!  ^f  any  occupatiou  or  use  of  any  building  or  lands 
linl^.*' ''""''  for  the  support  of  the  wires  of  said  person   or  said  com- 
pany, or  by  reason  of  said  wires  i)assing  over  or  through 
any  buildings   or  lands,  accpiire  by  the  continuance  of 
such  use  or  occupation  any  prescription  right  to  occupy 
or  use  the  same. 

Approved,  March  22,  1881. 


1 1,1 


s  of  Justice 


mil  uiilaw- 
iny  of  the 
ial  or  prop- 
mi  pany,  or 
use  of  any 
I  Comi)any 
:.  more  tlian 
•e  than  one 


ipli  Lines, 
llepresenta- 

maintaining 
te,  shall  by 
ing  or  lands 
or  said  com- 
r  or  through 
itinuance  of 
It  to  occupy 


39 


CONNECTICUT. 


rUBLW  ACTS  OF  ISS-,^ 


CIIAl'TEIlLXXXlll. 

All  Act  Amending    an  Act   Relating    to  'laxalion  of 

Corporal  ions. 

]k'  it  enacted  by  the  Senate  and  House  of  Itepreseiitii 
tives  in  General  Assembly  convened. 

Section  10  of  (chapter  live,  title  twelve  of  the  General 
Statutes  (page  109),  is  hereby  amended  by  inserting 
the  words  "or  telephone"  after  the  word  "telegraph," 
wherever  the  same  occurs  in  said  section  ;  and  furtiier 
by  inserting  the  words  "  or  telephone"  after  the  word 
"  telegraph"  wherever  the  same  occurs  in  said  section, 
so  that  said  section  shall  read  as  follows  : 

Skc.  10.  The  secretary,  treasurer,  superintendent  oi- 
manager  of  each  telegiaph  oi'  telei)hone  company  doing 
business  in  tliis  State,  shall  within  the  iirst  ten  days  of 
October,  annually,  deliver  to  the  comptroller  a  sworn 
statement  of  the  year's  amount  of  receipts  for  tele- 
graphic or  telephonic  messages  at  each  of  its  oflices  or 
places  of  doing  business  in  this  State  ;  and  each  of  said 
companies  shall  within  the  Iirst  twenty  days  of  October, 
annually,  pay  to  the  State  two  per  cent,  of  the  gross 
amount  of  all  receipts  for  telegraphic  or  telephonic  mes- 
sages paid  to  it  in  this  State  during  the  year  i)receding 
the  first  day  of  said  month  of  October,  which  sum  shall 
be  in  lieu  of  all  other  taxes  upon  its  estate  used  ex- 
clusively in  its  telegraphic  or  telephonic  business  ;  but 
when  any  such  telegraph  or  telephone  company  shall 
fail  to  make  such  returns,  the  treasurer  may  accept 
from  it  ten  thousand  dollars  in  lieu  of  the  sum  then  due 
under  this  section. 

Approved,  April  12,  1882. 


40 
CONNECTICUT. 


PUBLIC  ACTS  Oi'MSSa 


CHAPTER  CXIX. 
An  Act  Kelating  to  Telegraph  Companies. 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Assembly  convened. 
Delivery  of  dis-     P]very  electrlc  telegraph  company  engaged  in  ihe  busi- 
patches.       „(,gg  yf  despatching  messages  for   the   public,  shall,  in 
towns  where  no  free  delivery  is   maintained,    deliver  all 
despatches  to  the  persons  to  whom   the  same  are  ad- 
dressed, or  their  agents,    by   messenger,  upon  prepay- 
ment by  the  person  sending  such  despatch  of  any  charge 
due  for  such  delivery,  provided  such  persons  addressed, 
or  their  agents,  reside  within  one  mile  of   the  telegraph 
station  to  which  the  despatch  is  sent,  under  a  penalty  of 
twenty  dollars,  to  be  recovered  by  the  persons  to  whom 
Approved  May  the  despatch  should  have  been  delivered  as  aforesaid,  in 
1, 1883.         j^jj  action  on  this  statute. 


les. 
apreseutii- 

1  ihebusi- 
!,  shall,  in 
deliver  all 
e  are  ad- 
n  prep;5y- 
iny  charge 
iddressed, 
telefijraph 
penalty  of 
s  to  whom 
oresaid,  in 


41 
DAKOTA. 


PENAL  CODE,  1877. 


CHAPTER  LVL 


OV  MALICIOUS  MiscimcF. 


Every  person  who  discloses   the  contents-  of  any  tele- skc.  ns. 
graph   dispatch,  or  any  j)art   thereof,  addressed  to  an- *"'«^'''«'"« '•■'•■ 
oilier  i)ers()n,  without  the  permission  of  such  person,  to   ^|,'i'.'' 
his  loss,  injury  or  dis<rrace,  is^niilty  of  a  misdemeanor. 

Every  person  haviuL^  in  his  possession  any  telefi;rai)hi('*^"'  ''' 
]s])atcli  addressed  to  antUher  maliciously  secretes,  con- 
ceals or  supiiiesses   the  same,    is  guilty   of    a  misde- 
meanor. 


D  A  K  0  T  A  . 


LA  W8  OF  1881. 


CHAPTER  132. 

Taxation  of  Telegraph  Companies. 

An  Act  to  provide  for  the  payment  of  Taxes  by  Tele- 
graph Companies,  and  granting  the  Right  and  Power 
to  use  Highways  and  Roads  to  Teleg)-apli  Companies. 

Be   it   enacted   by  the   Legislative  Assembly  of   the 
Territory  of  Dakota  : 

The  owners  of  any  telegraph  line  constructed  and  in^KC. '. 
operation,  or  that  may  hereafter  be  constructed  and  op-^"''' 
erated  within  the  limits  of  this  Territory,  excepting 
only  lines  owned  by  the  United  States  Government, 
shall  pay  to  the  Territory,  an  annual  tax  of  thirty  (30) 
cents  per  mile  for  every  mile  of  route  occupied  in  lieu  of 
all  other  taxes  which  shall  be  paid  in  January  of  every 
year  to  the  territorial  treasurer. 


'^mmfmm 


42 


KKc.a.  Tliis  Territory  shall  have  a  lien   upon  any  line  con- 

"^".ry'ii^'soirstnictea,  and  in  use  as  aforesaid,  and  all  its  appurte- 
nances, for  all  taxes  which  may  accrue  to  the  Territory 
by  virtue  of  the  foregoing  section  ;  and  in  case  the  tax 
in  whole  or  in  part,  shall  not  be  ])aid  by  the  lirst  day  of 
February  of  every  year,  it  shall  be  the  duty  of  the  Ter- 
ritori  il  Treasurer  to  advertise  such  line  for  sale  for  the 
amount  of  such  tax  remaining  unpaid,  in  some  newspa- 
per published  at  the  seat  of  government,  by  giving  three 
weeks  previous  notice,  and  to  sell  the  same  accordingly, 
for  the  amount  of  tax  and  inteiest  and  charges  of  sale, 
ju-ovided  the  same  shall  not  be  pa!  M)efore  the  time  of 
sale,  and  the  surplus  money,  if  any,  shall  be  p:.id  to  the 
owner  or  owners  of  said  line,  after  deducting  the  ex- 
penses of  advertising  and  selling  the  same. 
sw:.  ;i.  There  is  hereby  granted  to  the  owners  of  any  telegraph 

"Sautld  ""''li"«  owned  and  operated  in  this  Territory,  the  right  and 
l)ower  to  use  the  public  roads  and  highways  in  this  Ter- 
ritory on  the  line  of  their  route,  for  the  purpose  of  erect- 
ing posts  or  poles  on  or  along  the  same  to  sustain  the 
wires  or  fixtures ;  ])rovlded  that  the  same  shall  })e  so 
located  as  in  no  way  to  interfere  with  the  safety  v>r  con- 
venience ol  ordinary  travel  on  or  over  the  said  roads 
or  highways. 

All  acts,  or  parts  of  acts,  coniiit^ting  with   the  provis- 
ions of  this  act  are  hereby  repealed.     Tiiis  act  is  to  take 
effect  and  be  in  force  from  and  after  its  passage. 
Approved,  Marcli  5,  1881. 


Sku.  4. 


Skc.  5. 


1)  A  K  0  T  A . 


Sec.  1. 


L  A   W  S    O  F    1  8  8  ;} 


CHAPTER  109. 

TKLK(iUAI.!S. 

An  Act  to  amend  Section  718  of  the  Penal  Code. 

Bill  enacted  by  the  Legislative  Assembly  of  the  Ter- 
ritory of  Dakota. 
That  section  seven  hundred  and  eighteen  of  the  Penal 


iii.. 


line  con- 
iilii)urte- 
rerritory 
?  the  tax 
St  cliiy  of 
[  tlie  Tcr- 
e  for  the 
^  iiewspa- 
iiiji  tliree 
()r(lin<,My, 
s  of  sale, 
le  time  of 
•  id  to  the 
ig  the  ex- 
telegraph 
right  and 
this  Ter- 
8  of  erect- 
istain  the 
lail  be  so 
,y  ur  coii- 
lid  roads 


le  provis- 
is  to  take 


Code, 
f  the  Ter- 

the  Penal 


m 

Code  be  and   the  same  is   hereby  amended,  to  read  as  ronaity  for  i,<. 

follows  :  trayiiiK    con 

,,        ,.  1  n         T  T  .  tt'lltH   of  tlln 

section  seven  hundred  and  eighteen.  Every  person  gnuus. 
who  discloses  the  contents  of  any  telegraphic  dispatch, 
or  any  part  thereof,  addressed  to  another  person,  with- 
out the  permission  of  such  person,  except  upon  the 
lawful  order  of  a  Court  or  the  .ludge  thereof,  to  his  loss, 
injury  or  disgrace,  is  guilty  of  a  misdemeanor. 

All  ac  s  and  parts  of  acts  conflicting  with  the  pro- .sec. u. 
visions  of  this  act  are  hereby  repealed. 

Tills  act  shall  take  eifect  and  be  in  f(nce  from  andMKo.a. 
after  its  passage  and  approval. 

Approved  February  21,  1883. 


CIl  A  1»TKU     I  10 


Telki'honks. 


An  Act  to  amend  CMiapter  V.12  of  the  General  Laws 
passed  at  the  Fourteenth  Session  of  the  Legislative 
Assembly  of  this  Territory. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  Ter- 
ritory of  Dakota. 

That  section  8  of  chapter  i;}2of  Session  Laws  of  1881,  ^*='-'- 
be  and  the  same  is  hereby  amended  by  adding  after  the^S'^rant: 
words  "telegraph   line"    in    the  second   line   thereof,    *'"'  "=«'""" 
the  words   "  or  telephone  line  or  exchange";  and  by    "^''"" 
adding  after   the   word    "  public,"   in   the   third    line 
thereof,  the  words  "  grounds,  streets,  alleys." 

That  all  acts  and  parts  of  acts  in  conflict  with   the^^'^ -• 
provisions  of  this  act  are  hereby  repealed. 

That   this  act  shall  take  effe('t  and  be  in  force  from  ^'''''- ^' 
and  after  its  passage  and  approval. 

Approved  March  9,  1883. 


44 


LAWS  OF  DELAVVAllE. 


UKVISED  CODE,  1^52.     AS  AMENDED,  187]. 


CIIAl^TEll  128. 


Offences  against  Phivate  FitDi'KUTY 


SK,   .0  8H83        If  any  persoi.  shall  wilfully  and  lualiciouHly  cut  down, 

Krnpll. 


ir  auv  [)eis<ni  rMi.ni  ........ -j 

Injuring   t.ie- o,- injuiV  ally  pole,  or  shall  cut,  hivak,  or  displaco  any 

■       .  .     ,        1 ...,-   ,>f     tliiu    «f'lf..     SO    !1S    to 


or  in|iiri'  ;uij'  i'>"e,  v-.     ^ ,     -         ,  . 

wire' of  any  telej^raph  company  of  this  State,  so  as  to 
obstruct   teh-graphic   cominunioations,  he   shall   iorleit  •• 
and  pav  to  sucli  company,  or  to  any  one    who   will  sue 
for  the'same,  tweniy-tive  dollars   for   the  first  olTence, 
and  fifty  dollars  for  every  subsequent  offence  ;  and  when 
such  penalty  is  sued   for  and   recovered   by  any  other 
than  an  agent  of  such  company,  one-half  of   the  same 
shall  be  for  the  use  ot  the  informer.     There  shallbe  no 
stay  of  execution  on  any  judgment   for  such   Penalty, 
and  if  the  plaintilT  in  such   judgment,  shall   make  alh- 
davit  that  the  defendant  has  not  suflident   propert^y  in 
the  county  to  satisfy  the  same,  the  defendant  shall  l)e 
committed  to  jjrison  for  one  month. 

Telegraph  wires   shall   be   atta<-hed   to   the   poles  at 
"^r;sXwflx-least  twelve  feet  above  the  ground,  except   where   they 
«''•  enter  a  house;  and  if  any   agent   of  a  telegraph   com- 

pany having  supervision  of  the  line,  shall  suffer  tins 
provision  to  be  violated  for  ten  days  after  notice  by 
mail,  directed  to  him,  at  the  post  office  nearest  his  resi- 
dence, he  shall  forfeit  and  pay  twenty  dollars,  to  any 
one  who  will  sue  for  the  same. 


4ff 


LAWS  OF  DELAWARE. 


,  1874. 


V. 

nit  clown, 
)laro  any 
.  so  as  to 
11   forfeit  - 

will  sue 
t  offence, 
and  when 
any  other 
the  same 
lallbe  no 

penalty, 
iiake  affi- 
roperty  in 
t  shall  be 


VOL.  XV J,  PART  2. 


CHAPTER  rm. 

Of  tiik  City  of  Wilminotopi. 

The  Mayor  and   conncil   of   WiIniin(,fton,  shall    haveSKo.  j 
power  and  authority  to  levy  and  collect  taxes  ujion  all''\*;o,,!„^,[/„,^,!; 
telegraph  poles  erected  within  the  limits  of  the  city  of 
Wilmington,    and    the  city  council  may  by  ordinance 
l)rescribe  the  mode  of  levyin"'  and  collecting  the  same; 
in  case  any  of  the  owners  or  lessees  of   telegraph    poles  i'o«it  to  re 

.      n         •  ,1    ■  •  1       •.  I      II  »  ,  move      the 

erected  withm  said  city,  shall  refuse  or  neglect  to  pay    same. 

the  taxes  that  may  be  levied  upon  such  poles,  the  city 

council  have  authority  to  cause  the  same  to  he  removed, 

and  may  institute  suit  to  recover  the  amount  of  taxes  soRecovery  of 

levied  and  the  expenses  incident  to  the  removal  of  such    '"'"''■ 

poles. 

Passed  at  Dover,  February  10th,  1881. 


poles  at 
here  they 
•aph  com- 
snlfer  this 
notice  by 
St  his  resi- 
irs,  to  any 


40 


LAWS  OF  KLOKIOA. 


Ski'.   1. 


Sko.  2. 


C1IAPTKH7H1. 

j^c  it  oiiiick'd  l>y  tli«>  Senate  iind  House  of  llt'iircscn- 
tiifives  of  the  Stiitt!  of  Floriilii  ii»  general  Assembly  foii- 
veiied,  Tliat  at  any  time  JM-rearier  any  I.Mi  or  more  per- 
sons, of  whom  at  least  live  sliail  be  citizens  of  Mie  State 
of  Florida,  who  shall  be  desirous  to  form  a  eompany  for 
the  purjtoseof  }»r(.je('lin,i!;or  exleiidinK  or  erectinj;  any 
line  or  lines  of  l.'le;irai)h  ihron^'h  this  Siale,or  from  (.tie 
point  of  this  State  t..  anotlier,  or  from  any  point  in  this 
State  to  and  into  any  other  State  or  country,  nniy  make, 
sign  and  lile  in  the  odice  of  the  Secretary  of  Slate  of 
this  State  a  certilicate  in  writing  in  which  shall  be  stated  - 
the  corporate  name  of  said  company,  and  the  objects  ()f 
which  said  company  is  formed,  the  amount  of  which 
each  of  said  persons  subscribed,  and  the  amount  of  tlie 
capital  slock  of  the  said  company;  the  number  of 
shares  of  wlMch  the  said  stock  shall  cimsist ;  the  num- 
ber of  trustees  or  directors,  and  their  names,  who  shall 
manage  the  concern  of  the  said  cojnpany  for  the  tirst 
year,  and  the  points  in  this  State  from  and  to  or  through 
which  the  said  line  or  lines  may  be  extended. 

Be  it  further  enacted,  That  as  soon  as  such  certificate 
shall  be  filed  as  aforesaid,  the  i)ersons  wlio  shall  hiive 
signed  the  said  certificate,  and  their  successor,  shall, 
after  the  day  of  filing  such  certificate,  be  a  body  politic 
and  corporate  by  the  name  stated  in  such  certificate.aud 
by  that  name  they  and  their  successors  sliall  and  may 
have  succession,  and  shall,  in  law,  be  capable  of  suing 
and  being  sued,  pleading  and  being  impleaded,  and 
answering  and  being  answeied  unto,  defending  and  be- 
ing defended,  in  all  courts  and  places  whatsoevei',  in  all 
manner  of  actions,  suits,  complaints,  matter  and  causes 
whatsoever;  and  they  and  their  successor  may  have  a 
common  seal,  and  the  same  nuiy  make,  alter  and  change 
at  their  pleasure  ;  and  they  and  their  successors,  by  their 


47 


[cprcscu- 
il)ly  con- 
i()r<'  {)»'!- 
lit'  Slate 
ipaiiy  for 
tiiijx  :in\ 
froiii  (iiif 
It  in  tliis 
!iy  iiiiikr, 

Aljite  of 
hf  staled  - 
il)je('t.s  of 
ol"  which 
111  of  tlui 
iiiilxT  of 
the  niini- 
vho  shtill 

the  first 
r  til  rough 

'ertilicate 
hall  hiive 
or,  shall, 
;ly  politic 
licare,aiKl 
and  may 
of  suing 
ided,  and 
r  and  be- 
lter, in  all 
id  caused 
i\y  have  a 
id  change 
s,  by  their 


corpornte  name,  shall,  in  l:i\v.  b,.  capable  of  buying, 
purchasing,  holding  and  conveying  any  lands  and  tene- 
ments necessary  to  eiiabj,.  the  .said  company  to  carry 
on  tliei;'  business  and  oi)erations. 

He  it  fiirtlier  enacted.  That  the  stock,  properly  and sk.-: 
concerns  nf  said  company  shall  be  managed  by  live 
trustees  (U' directors,  live  of  whom  shall  b.;  citizens  of 
this  Stale,  who.  exctipt  tlnisi-  fur  the  liist  year,  sh;ill  be 
elected  at  siKih  time  and  phic."  as  shall  be  directed  by 
■  the  by-laws  (.f  said  company,  and  public  n(»tin.  shall 
be  given  of  ihe  liinc  ;ind  pi..  {  In.lding  such  election, 
m.t  less  than  ten  days  pi  h.iis  thereto,  in  lln>  news- 
]>!il»er  nearest  to  the  jilace  where  such  election  is  to  l)o 
held  within  this  State;  and  the  election  shall  be  by 
ballot,  and  each  stocUh(.ld,.r  shall  be  entitled  to  as 
many  votes  as  he  owns  shares  of  stock;  and  the  jier- 
sons  having  the  greatest  number  of  votes  shall  be 
trustees;  and  whenever  any  vacancies  shall  happen 
among  the  trustees  by  death,  resignation,  or  removal  out 
of  the  State,  such  vacancy  shall  be  tilled  for  the  re- 
mainder of  the  year  in  such  manner  as  shall  be  provided 
by  the  by-laws  of  the  said  company. 

Be  it  further  enacted,  That  in  case  it  shall  at  anys-u.i. 
time  happen  that  an  election  of  trustees  be  not  made  on 
the  day  when,  by  the  by-laws  of  the  said  comi>any,  it 
ought  to  have  been  done,  the  said  company,  for  that 
cause,  shall  not  be  dissolved,  but  it  shall  and  may  bo 
lawful,  on  any  other  day,  to  hold  an  election  for  trus- 
tees, in  such  manner  as  shall  be  directed  l)y  the  by-laws 
of  such  company. 

Be  it  further  enacted.    That    the  capital  stock  of  anysrc  5 
company  oiganized  under  this  a(;t  may  be  increased  to 
such  an  amount  as  the  stockholders, 'or  a  majority  of 
them,  may  from  time  to  time  declare  and  determine  to 
be  necessary  to  effect  the  objects  of  the  association. 

Be  it  further  enacted.   That   it  shall  be  lawful   forspc  0 
any  company  which  shall  organize  under  this  act  to  con- 
tract for  and  purchase  from  any  person  or  persons,  cor- 
porations or  governments,   any  grants,  concessions  or 


48 


Skc,  7. 


Skc.  H. 


Skc,  !). 


Si:<'.  10. 


privileges  of  whatever  nature,  wliich  they  nmy  desire  for 
tlie  ])rosecuti()ii  of  their  enterprise,  and  to  issiu;  stoel^  to 
the  amount  of  the  costs  of  sucli  roncessions,  grants  iind 
priviU'ges,  in  payment  tlierefor;  and  tlie  stoclc  so  issued 
shiill  he  dechired  and  taken  to  he  full  stock,  not  liahlo 
to  any  call  or  demand  whatsoever,  provided  that  all 
such  concessicms,  grants  or  privileges  shall  he  necessa- 
ry or  material  to  the  objects  of  the  association  ;  and  i)ro- 
vided  also  that  no  haidiing  i)rivileges  shall  l)e  acquired 
(»r  exercised  by  any  company  organized  under  this  act. 

Be  it  further  enacted,  That  each  ami  every  stock- 
holder shall  b.-  individually  liable  to  the  creditors  of 
said  corporation  for  so  much  as  may  remain  uni)aid 
upon  his  or  her  subscription,  and  no  further. 

Be  it  further  enacted,  That  no  organization  made 
under  this  act,  sluiU  bear  the  name  of  any  previous  or- 
ganization, or  company  which  nuiy  have  been  .formed 
under  this  act. 

lie  it  further  enacted,  That  every  company  to  be  or- 
ganized under  this  Act,  that  shall  not  commence  active 
operations  in  this  State,within  twelve  months  from  tiling 
the  certilicates  of  organization,  in  the  ofhce  of  the  Secre- 
tary of  State,  shall  be  and  is  hereby  declared  divested 
of  all  the  privileges  acquired  under  this  Act,  and  the 
said  organization  shall  be  deemed  and  hel  '  to  be  dis- 
solved and  void. 

Be  it  further  enacted.  That  the  stockholders  of  any 
company  organized  under  this  Act,  or  a  majority  of 
them,  shall  have  power  to  establish  and  ordain  such  by- 
laws, rules,  and  regidations  for  the  government  of  said 
company,  and  for  the  appointment  of  such  officers  and 
servants  deemed  necessary  as  mny  seem  to  them  expe- 
dient, and  from  time  to  time,  alter,  change,  or  amend 
the  same  in  such  manner  as  the  said  stockholdeis,  or 
a  majority  of  them  may  determine. 


w 


ii 


desire  for 
(!  stock  to 
rJints  iind 
so  issued 
lot  liable 
,  that  all 
\  ncct'ssa- 
aiid  jiro- 
acquired 
this  act. 
ry  stock- 
editors  of 
n  uiij)aid 

ion  made 
^vious  or- 
II  f(»riiied 

to  be  or- 
nce  active 
'rom  iiliiig 
the  Secre- 
[  divested 
t,  and  the 
to  be  dis- 

rs  of  any 
ajoiity  of 
i\  such  by- 
iit  of  said 
Ticers  and 
\\v'\\  cxpe- 
or  amend 
loldcis,  or 


FLOIMDA. 


CII.\PTKU  7S-,>. 

lie  it  enact.-d  by  th.'  SpumI.'  and  II..iis..  of  lf,M,n.s,>n-sKr  a 
tativesof  theStaleofFloridM.  in  -en-Tal  ass,.,nblv  c.,n- 
veiied,  'Ihat  any  company  ov  individual  mav  erect' posts 
and  wires  and  otlirr  lixtun-s  fm-  f..I..iriaj.li  Juirposes,  on 
or  beside  any  i.iil)lic  road  or  liiirjiwav  in  this  Slate. 

Provided  That  such  posts,  wires,  or  fixtures  in  no 
case  be  so  set  or  placed  as  t..  obstruct,  hinder,  or  in  any 
way  interfere  witii  th<'  conmion  uses  or  l)usiness  of  said 
roads  t)r  hiyhwaw 

JJe  it  further  enacted.  Thai   if  any  i.ers(.n   sliall   wil-„„.  ,, 
fully  destroy,  (himage,  or  in  anyway  injure  said   tele-  " 
^naph  ])osts,  wires  or  lixtuics,  1,,.,  she,  or'they  so  (.(Tend- 
mo- shall  be  deemed  guilty  of  a  luisd.'ineanor,  and  may 
be  indicted  in  the  Circuit    Court  of   the   countv,  where 
suchdamaf,'e  may  be  done,  and  shall,  on  conviction,  be 
lined  not  less  than  fifty  dollars,  or  imprisonment  in 'the 
common  jail  of  th(!  county,  not    less   than  six  months, 
or  by  both  such  fines  and   imi.risonment,  at   the  discre- 
tion (d' the  jury,  and  if  there  be  no  jail    in   said   county 
then  in  any  jail  in  the  circuit  court  or  district. 

lie  it  furth.-r  enacted.  That  the  Circuit   Judge  of  the^ 
State  shall  give  this  A<;t  in  special  charge  to   the  Grand  "'    ' 
Jury,  at  every  term  of  their  Court. 


(K) 


i.\>vs  OF  <;i:oH(Ji  V. 


ro/iA;  1S7M. 


Skc    !)(>« 


8KC.  :«ia. 


SRC.  ao.M. 


Act  of  'JHtli  of  .laiiuiiry,  ISTM.     PiiK«'  r)l8. 

Anv  ix'isoii,  nr  iiny  duly  iiiroriioiattnl  trlc/^iapli  coin- 
paiiyjiiiviii^'  lilt'  ri.nlit  to  <lo  l.usiiicss  in  this  State  sliall 
liiivo  tlui  rif?lit  to  construct, civet  and  luaiiitain  upon  llie 
rijilit  of  way  of  tlie  several  railroad  coniiianies  in  llils 
Stale,  and  alon<i:  the  lines  thereof,  their  posts,  lixtures 
and  wires,  and  to  operate  I  he  same. 

Said  lixtures,  posts  and  wires  shall  he  en'cted  at 
such  distances  from  the  tracks  of  said  railroads  as  will 
prevent  any  and  all  damages  to  said  railroad  companies, 
by  the  falling-  of  said  lixlines,  posts  or  wins  upon  said 
railroad  tracks,  and  such  leleKMnph  companies  shall  be 
liable  to  said  railroad  companies  for  all  damages  r.'sult- 
ing  from  a  failure  to  comply  with  the  provisions  of  this 
section. 

Whenever  any   person    or   telegraph   company  may 
horeafter  propos(>  to  construct  a  teh'graph  lint;  upon  the 
right  of  way  of  any  lailroad  company,  or  Inive  hereto- 
fore constructed   in   wholr  or  in  part,  a  lelegiaph  line 
upon  the  right  of  way  of  any  railroad  company,   and 
the  amount  of  compensation   for   the  right  of  way  so 
taken  canm)t  be  agreed   upon    between  said  person,  or 
telegraph  company  md   the  railroad  company,  the  said 
amount  shall   b.r  determined   as  follows  :  The  railroad 
company  shall  elect  one  commissioner,  ami   the  person, 
or   tele-naph   company   shall  elect  another,  and  these 
tvvosluUl  elect  a  third,  and  the  three  persons   thus  se- 
lected,   or  a   majority  of    them,  shall    determine  said 
amount,  and  the  same  shall  be  paid  by  the  person,  or 
telegraph  company,  to  the  railroad  company  ;  the  award 
of  such  commissioners  shall  be  returned  by  them  within 
ten  days  after  making  the  same,  to  the  Superior  Court 


01 


r.i8. 

Hl!ll>ll   Clllll- 

Stiite  sliilll 
n  ii[)()ii  llie 
lies  ill  llils 
;ts,  lix tint's 

I'l'ccU"!  ;it 
lads  as  will 
comiiMiiics, 

s  U[)t)ii  said 
t's  shall  be 
ages  I'csiilt- 
ions  oi  this 

iipaiiy  may 
lie  upon  the 
ave  he  ret  o- 
egraph  Hut? 
npany,   and 
of  way  so 
[  person,   or 
ny,  the  said 
'he  railroad 
tlie  person, 
•,  and  these 
)ns   thus  se- 
er mine  said 
le  person,  or 
f  ;  the  award 
them  within 
perior  Court 


of  tlie  county  wherein  is  situated  the  principal  ofTlce  of 
siiid  railroad  c()m|iany,  and  sliall,  upon  motion,  ln'inado 
the  judirment  of  said  ('ourt  upon  which  jiidgm<'iil  exe- 
cution may  issui^  against  the  property  of  saiil  |)erson.  or 
telegraph  company,  provided  tha!  either  paity  may, 
Mpoii  notice  to  tilt'  opposite  |iaily,  wilhin  ten  days  after 
the  rendition  of  said  award,  tile,  in  said  Superior  (Join  t, 
olijectioii  to  the  same,  and  upon  said  ol)je('tions  an  issue 
shall  lie  made  iij).  and  the  saiiif  sh;dl  he  tried  and  de- 
trrmined  at  the  liist  term,  by  the  Court  and  jury,  as  in 
other  cases  at  law,  and  provided  fiirtlu'r  that  in  all 
cases  where  an  api)eal  shall  be  taken  from  the  award  of 
said  commissioners,  and  the  said  person,  or  telegraph 
company,  shall  have  tendered  to  the  railroad  company 
the  amount  of  said  award,  such  i)erson,  or  telegraph 
comi)any, shall  be  authorized  to  proceed  in  the  construc- 
tion of  said  telegraph  line  upon  the  right  of  way  of  said 
I'ailroad,  uix-n  giving  to  said  railroad  (iompany  ii  bond 
with  good  security,in  an  auDiint  to  belixed  by  the  judge 
of  said  ('ourt,  for  the  payment  of  the  amount  which  !nay 
be  awarded  by  the  jury  ui)on  the  trial  of  said  ai)i)eal. 

If  any  person   shall    wilfully  destroy,  damage,  or  inActofisri, 
any  way  injure  the  posts,  wires  or  lixtiires,  of  any  n'''iK-SKc.4i;i9 
net ic  telegraph  company  in  the  State,  he  shall  be  guilty 
ofu  misdemeanor  and.  on  conviction,  shall  be  jjunislied 
as  [irescribed  in  section  4,;31(i  of  this  Code. 

Accessories  after  the  fact,  excejjt  where  it  is  other- g^.^,  ,.„„ 
wise  ordered  in  the  Code,  shall  be  pnnishi'd  by  ji  line 
(not  to  exceed  one  thousand  dollars,  imprisonment  not 
to  exceed  six  months,  co  work  in  a  chain-gang  on  the 
public  works  not  to  exceed  twelve  months,  and  any  one 
or  more  of  these  punishments  nuiy  be  ordered,  in  the 
discretion  of  the  judge. 


m 


ACTS  Oli"  1S80-1. 


Part  I. 


Public  Laws,  Title  9,  Judiciary. 


No.  218,  Suits  against  Tklegrapii  Companies. 


All  Act  to  provide  for  fixing  the  invenue  suits  against 
telegraph  companies,  and  to  provide  for  service  in 
sucli  cases,  arising  within  the  State  of  Georgia. 

skc.  1.  Ee  it  enacted  by  the  General  Assembl;  of  the  State  of 

^''■""''°'™«'''' Georgia,  That  from  and  after   the  passing  of  tliis  act, 

fti^uinst   tele-  n      1  ,  i    •  ,  •! 

grapii  com-  whenever  any  j^erson  may  have  any  claim  or  demand 
pimics.  upon  any  telegraph  company  having  offices  or  mort; 
than  one  place  of  doing  business  in  this  State,  it  shall 
be  lawful  for  such  person  or  persons  to  institute  suit 
against  such  telegraph  company  v/itliin  the  county 
where  the  principal  office  of  such  company  is  located, 
or  in  any  county  where  such  telegraph  company  may 
have  an  agenc}^  or  place  of  business,  or  where  such 
place  of  business  was  located  at  the  time  the  cause  of 
action  occurred,  or  the  contract  was  made  out  of  which 
said  cause  of  action  arose. 
skc.-j.  Be  it  further  enacted  by  the  authority  aforesaid,  That 

sini...  upon  ji^rj]!  ynits  brouglituuder  the  provisions  of  section  one  of 
rompauieJ!  '  tliis  Act,  sei'vice  shall  be  effected  upon  such  telegraj)!) 
company  by  leaving  a  copy  of  the  bill  or  writ  with  the 
agent  of  the  company  if  any  ;  if  no  such  agent  should  be 
in  the  county,  then  at  the  agency  or  place  of  doing  busi- 
ness, where  the  same  was  located  at  the  time  such  cause 
of  action  occurred,  or  the  contract  was  made,  out  of 
V  hich  the  same  arose. 


.OJ? 


Be  it  fiirtlier  ptiachHl  by  tlie  aiitlioiify  aforesaid,  Thatsp..-  .r 
all  laws  and  pails  (.r  laws  in   cotillict  with    this  Act  be, 
and  the  same  ai-e  hereby  re|iealt'd. 

Approved,  September  If),   1881. 


OEOR(JIA. 


PUBLIC  ACTS  OF  1882. 


Be  it  further  enacted  by  the  authority  aforesaid,  Thatsi;r.«. 
all  telegraph  and  telephone  companies  doing  business  in 
this  State,  shall  pay  a  tax  of  one  jier  cent,  on  their  gross 
receipts,  and  the  superintendent  or  general  agent  of  each 
telegraph  and  telephone  company  doing  business  in  the 
State,  shall  make  a  quarterly  return  under  oath,  as  fol- 
lows :  On  the  last  day  of  March,  June,  September  and 
December  of  each  year,  to  the  Comptroller-General, 
showing  an  account  of  their  g  -s  receipts  during  the 
quarter  ending  on  that  day,  and  said  taxes  lierein  levied 
upon  such  gross  receipts  ay  shown  by  said  quarterly 
returns  shall  be  paid  by  the  respective  companies  to  the 
Comptroller-General  at  the  time  of  making  said  return. 


M 


LAWS  OF  ILLINOIS. 

IN  RELATION  TO  TELEC^liAril  COMPANIES. 


REVISED  STATUTES  IL7.1N01S.-1SU. 


CHAPTER  134. 


All  Art  lo  revise  tlie  laws  in  relation  to  Tele«,n'apli  Com- 
panies (approved  March  24tli,  1874.  In  ftn'ce  July 
1st,  1874). 

[77/ /a-  net  applies  lo  all  TeletpapJi  Companies.] 
Skc.  1.  Beit  enacted  by  tliePeo])le  of  the  State  of  Illi- 
nois, represented  in  thelleneral  Assembly,  Uiat  eveiy 
company  heretofore  incorporated  under  any  general  or 
special  [a\v,or  which  may  be  incorporated  under  any  gen- 
eral lawof  this  State,  for  the  construction  or  operation  of 
any  Telegraph  line  through  or  in  this  State,shall  possess 
the  powers  and  privileges  and  be  subject  to  the  duties, 
restrictit)ns,  and  liabilities  prescribed  in  this  act. 

Skc.  2.  \Eiiiineid  Domain.] 

2.  Every  such  company  may  enter  upon  any  lines  for 
the  ])urpose  of  nudging  surveys  and  examinations  with  a 
view  to  the  erection  of  any  telegraph  line,  and  lake  and 
damage  jirivate  jtroperty  for  the  erection  and  mainte- 
nance of  such  lines,  and  may,  subject  to  the  provisions 
contained  in  this  act,  construct  lines  of  telegrajjh  along 
and  upon  any  railroad,  road,  highway,  street  or  alley, 
along  or  across  any  of  the  waters  or  lands  within  this 
State,  and  may  erect  poles,  posts,  piers  or  abutments  for 
sui)porting  the  insulatois, wires  and  other  ne(!essary  lix- 
tures  ()f  their  lines,in  such  manner  and  at  such  i)oints  as 
not  to  incommode  the  public  use  of  the  railroad, highway, 
street  or  alley,or  interrupt  the  navigation  of  such  waters. 
11.  L.  1840.   'p.  188,  C).] 


r..") 


NIES. 


874. 


Sko.  '].  I  Ihttr  roHiiu'lisnf!-)!!  inn'h-.} 

;{.  When  if  sliiill  be  iifCHssMi-y  lor  t he  coiis.'tnu'fioii, 
nltcratioii  or  repair  of  any  liin'  of  tt'Ii'<,qapli  to  take 
or  (lama'jje  any  property,  tli3  s:iine  may  be  done,  and 
the  compensation  tliereof  ascertained  and  made  in  the 
inaTiner  \vlii(di  may  be  at  tliat  time  piovich^l  by  law  for 
the  exercise  of  I  lie  ri«i,'ht  of  eminent  ilomain.  [See  "Em- 
inent I>  Miiain"  Ch.  47.     L.  1841).     P.    188,  6.J 


ipli  Com- 
jrce  July 


lies.  I 

iteof  Illi-' 
hat  every 
eneral  or 
•any  gen- 
mition  of 
11  possess 
le  duties, 
ct. 

lines  for 
)ns\vitli  a 

lake  and 
I  niainte- 
)rovisions 
il)h  alon<;- 

or  alley, 
itliin  this 

nients  for 
:?ssary  lix- 

})oints  as 

hifi;h\vay, 
•h  waters. 


\Coiisriif  ncccssnr//  fo  erect  /wA'.?,  etc.,  on  roads,  si  reels, 
etc.     Record.     Allernlion.] 

Skc.  4.  Xo  suclicomiKiny  shall  have  the  rifi;ht  to  erect) 
any  poles,  posls,piers,  al)ntments.  wires  or  othei'  li.vtnres 
of  their  lines  along' or  ujx)!!  ail}'  road,  highway,  or  pnblif- 
ground  outside  the  corjxirate  limits  of  a  city,  town,  or 
village,  without  the  consent  of  the  county  board  of  the 
county  in  whichsnch  road,  highway,  or  public  ground  is 
situated,  nor  upon  any  street,  alley,  or  othei'  highway  or 
public  ground  within  any  incMtrporated  ciiy,  town,  oi-  vil- 
lage, without  the  consent  of  tlu'  corijorate  authorities  of 
su(!li  city,  town  or  villag''.  'IMie  consent  herein  lequired 
must  be  in  writing  and  siiall  be  recorded  in  tlie  recordtu-'s 
ollice  of  the  county.  Anilsn<'h  county  board, or  the  (iity 
council  or  board  of  trustees  of  suc^li  city,  town  or  village, 
as  the  case  may  be,  shall  have  power  lo  direct  any  alter- 
ations in  the  location  or  ei'ectioii  of  any  such  ]ioles,  [»osts, 
piers,  or  abutments,  and  also  in  tin;  ht-ight  of  the  wires, 
having  lirst  given  the  com])any  or  its  agents  o[)portunity 
to  be  heard  in  regard  to  such  alteration. 

{Penollu for  liijnrhnj  Telegraphs.  \ 

Skc.  I).  .Vny  piMson  who  shall  uidawfiilly  smd  inten- 
tionally injure,  molest  or  destroy  any  of  said  lines, posis, 
piers  or  abntmenfs,  or  the  materials  or  i)roperty  belong- 
ing thereto, shall, onconviction  thereof,  be  deemed  guilty 
of  a  niisdemeanor.and  be  punished  by  a  line  not  exceeding 
$r)()(),  or  imprisonment  in  the  penitentiary  not  exceeding 
one  year,  or  both,  at  the  discretion  of  the  court  having 


m 

cognizanco  tliprcof.  Prnscnilions  under  tins  not  hIkiII  i-t* 
by  indictment  in  any  coiut  liaviii<:  criiiiiiial  jurisdiction. 
[See  "Crini.  Code,"  cli.  :\S,  197.     L.  1S49,  p.  181),  7. J 

[Refusal  to  receive  or  transmit  despatcJies.] 

Sec.  0.  If  any  company  or  persons  owning  or  operating 
any  telegraph  line  in  this  State,  shall  refuse  to  receive 
any  despatch  Trom  any  other  company  or  person  owning 
or  operating  any  telegraph  line  in  this  State,  or  shall 
lefuse  or  wilfully  neglect  to  tiansmit  the  same  in  good 
fidtli,  and  witliout  j^artiality,  the  company  or  person  so 
offending,  shall  forfeit  ail  rights  and  franchises  acquired 
under  the  laws  of  this  State,  and  shall  forfeit  all  right  to 
transact  telegraph  business  in  this  State,  and  maybe  en- 
joined therefrom  by  bill  of  complaint,  tiled  in  any  court 
of  competent  jurisdiction,  and  be  liable  to  pay  all  dam- 
ages which  shall  accrue,  by  reason  of  such  refusal  to  the 
company  or  person  offering  such  despatch  for  transmis- 
sion.    1  L.  1849,  p.  189,  9. 1 

[Messaf/cs  sent  in  order  of  reciplioii— Suppression- 
Revealing  Contents.  J 

Skc.  7.  It  shall  be  the  duty  of  all  ])ersons  employed  in 
transmitting  messages  by  telegraph,  to  transmit  them  in 
the  order  in  whiidi  they  are  received  ;  ami  any  person 
who  shall  fail  so  to  transmit  a  me.s8age,or  who  shall  suj)- 
})ress  a  message,  or  who  shall  make  kiu)wu  the  contents 
of  a  message  to  any  person  other  tlian  the  one  to  whom 
it  is  addressed,  or  his  agent,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  be  punished  by  a  line  not  exceediiig 
$1,000.     [L.  1849,  p.  189,  11.  I 

{Transmitling  Falsehoods.] 

Six.  8.  Whoever  shall  transmit,  or  cause  to  be  trans- 
mitted, by  telegraph,  fiom  any  place  in  this  State  to  any 
other  place  in  this  State,  or  elsewhere,  any  falsehood, 
knowing  the  same  to  be  such,  shall  be  lined  in  any  sum 
n(»t  exceeding  ii^oOO.     [L.  1801,  p.  211,  1.  J 


Sllilll  l'(» 

ulictioii. 

),  7.J 

receivt! 
1  owiiiiif;' 
or  sllilll 
in  g-(>()(l 
KM•^s()n  so 
icqiiired 
I  right  to 
ly  be  e:i- 
iiy  court 
all  diini- 
;al  to  the 
raiismis- 


essio/i — 


if  • 


[Aiding  Tichcllion,  Rio/,  A-c] 

Skc.  9.  Any  iici-son  who.  Tor  the  ])urpos(M»f  inciting  or 
aiding  iclx'llioii,  riot  or  instirsection  in  this  State  against 
the  goveiiinient  or  laws  of  this  State,  or  of  the  United 
States,  or  a  hostile  invasion  of  this  State,  shall  transmit 
or  canse  to  be  transniittt'd  by  telegraph  any  eoniinunica- 
tion  whatever,  shall  be  inii)risone<l  in  tlie  ]ienit(Mitiary 
not  exct^eding  ten  yeais.     |2d  li.  18(51,  p.  2\  '2.  \ 

[Penan//.] 

Skc.  j(\  Any  telegraph  operator  or  person  employed 
in  any  tel^^graidi  oilicc  in  this  State,or  any  other  jterson, 
who  shall  knowitig  the  designs  thereof,  deliver,  oi' cause 
to  be  delivered  any  coninuinitation  piohiblted  by  the 
preceding  sections  of  this  act,  to  any  person  other  thiin 
the  proper  ofRcHrs,  agents  or  employees  of  this  State,  or 
the  Uiuted  States,  shall  be  subject  to  indictment,  and,  on 
conviction,  to  the  punishment  j)i()vided  in  said  section, 
[2d  L.  18(51,  p.  2l-:J.  1 


)loyed  in 
;  them  in 
f  person 
hall  su])- 
conteuts 
to  whom 
lilty  of  a 
ixceediiig 


be  trans- 
lite  to  any 
[ilseliood, 
any  sum 


ILLINOIS. 


LA  TF-S'  OF  JLL/]V()IS\  1883,  PAGE  17:5. 


An  Act  to  permit  the  use  of  pid)lic  highways,  streets 
and  alleys,  and  private  roads  leading  to  such  high- 
ways, streets  and  alleys  outside  of  Incorpoiated 
Cities,  \'illagcs  and  Towns,  for  the  purpose  of  con- 
structing, operating  and  maintaining  private  lines  of 
telegiaph,  oi-  telephom-,  and  to  provide  penalties,  etc. 

Be  it  enacted  by  the  Peo))l»' of  the   Statc^  of   Illinois,  sr.r.  i. 
rppresent.-d  in  the  (b'Mcrnl  Assembly  ;    That  it  shall  l)e^'""T'.'"i"' 

*  ^     ^  all"  u  t'  t     It'  1 1»- 

lawful  for  any  person,  or  persons  living  on    the   line  of  ^raph timi  lei- 
any  public  highways,  street  or  alley,  outside  of  any  in-  *■'''"""'  "'"'" 


m 


corporaterl  city,  villafjjeor  town  in  tliis  State  ;  or  on  any 
private  load  leadini^  to  snrh  liiifliway,  street  or  alley, 
to  ('oiistnict,  operate,  and  maintain  a  line  or  lines  of 
telegraph  or  telephone,  extending  from  house  to  housp, 
as  the  i)arties  interested  in  llie  construction  of  such 
lines  may  desire. 
SKC.3.  For  the  purpose  of  constructing  and  maintainiiifr  such 

''"''■"'"^"'■'^'^lines  of  telegrai)h  or  telephone  ;  tlie  parties  in  interest 
may  set  the  necessary'  poles,  or  jjosts  on  which  to  place 
the  wires  and  insulators  of  such  lines,  in  any  of  the 
pul)li(!  streets,  highways  or  alleys,  or  in  any  private 
road  leading  to  such  highways,  streets  or  aDeys  out- 
side of  incorporated  cities,  villages  or  towns  in  this 
State,  along  which  such  lines  may  pass 

Provided,  such  poles  or  posts  shall  he  placed  along 
tin;  lioundaiies  (»f  such  highways,  streets  or  alleys,  wi 
such  distances  therefrom  as  the  authorities  having  con- 
trol thereof,  may  direct. 

Aiul  ])rovided,  furtliei',  That  the  wires  necessary  for 
such  lines  shall  not  he  less  tium  fifteen  feet  above  the 
ground,  along  such  boundaries,  and  not  less  than 
twenty  feet  at  any  public  or  private  crossing,  and  shall 
be  so  placed,  as  not  in  any  manner  to  interfere  with 
such  (crossing. 

Any  person  who  shall   unlawfully  and  intentionally 


Hr.<\ 


'''j'y^ll,^^'''''"  injure,  molest  or  destroy  any  of  said  lines,  or  the  mate- 
rial or  i)roperty  bi^longing  thereto,  or  shall  in  any  man 
ner  interfere  with  the  [»ro[)ei'  working  of  such  lines, 
shall,  on  conviclioii  ilieieof,  l)e  diiemed  guilty  of  a  mis- 
demeanor, and  be  punished  by  a  fine  not  exceeding  one 
hundred  dollars;  said  tine  to  be  recoverable  in  any 
Coui't  having  jurisdiction  of  the  same. 

Provided,  That  })rosecution  under  the  foregoing  pro- 
vision of  this  section  shall  not  in  any  manner  prevent 
a  recovery  by  the  person  or  jtersons  entitled  thei-eto,  of 
the  amount  of  damages  done  to  such  lines. 

Approved  .June  18,  1883. 

In  force,  July  1,  1888. 


or  on  any 

or   alley, 

r  liiK's   of 

i  to  llOUSP, 
II     of    SlK'll 

iiiiiiir  .such 
in  intorost 
li  to  place 
iiy  of  the 
ly  private 
iDeys  ont- 
iis  in  this 

ced  along 
a!l(!vs,  at-- 
aving  con- 

essai'y   for 

above    tlie 

less    than 

and  shall 

■fere   with 

entionally 
the  mate- 
any  man 

iich  lines, 
of  a  mis- 

^edini;  one 

le   in   any 

;oing  pro- 
er  prevent; 
theieto,  of 


T 


\f 


59 


INDIANA. 


REVISED  HTATUTEti,  1881. 


Cokpokations.--Tkli':ouapii    Comi'ANIKs. 


CHAPTER  42. 


Aktk  i.K  1.     Incoupouation. 

1.  Anv  nninbei-  of  ix-rsons  may  form  themselves  intoS"- 4iw. 

''  ,         '  ,.  '  1   1      1   ■  •     .     •         Miiylicfurriiid. 

a  <'oiponilion  lor  the  ])nipose  ol  establisning,  mainlain- 
ing  and  operating  lines  of  electric  teleffraph  within  the 
State  of  Indiana. 

2.  Any  comi)any  formed  under  this    ict  shall  t'<>niply  ^^"l"^;  ||^^^^^ 
with  the  following  re([uiremHnrs,  t»»  wit:     It  shall  unite    s,Kiati..ii. 
in  articles  of  association,  setting  forth   the   name   it  as- 
sumes, the  ])oints  between  which  said  company  proposes 

to  operate  lines  of  (elegrai)h,  the  amount  of  cai)ital 
stock,  and  the  nnml)er  of  shares  into  which  it  is  divided. 
The  names  and  i)laces  of  residences  of  the  stockholders, 
and  the  amount  of  stock  taken  by  each,  shall  be  sub- 
scribed to  said  artic^Ies  of  association,  and  the  same, 
when  signed  by  the  stockholders,  shall  be  acknowledged 
before  some  officer  authorized  to  take  acknowledgments 
of  deeds,and  recorded  in  the  office  of  the  Recorder  of  each 
county  through  which  the  same  shall  run. 

!}.  Not  less  than  three  nor  more  than  five  directors  shall  sw.  ir64. 
be  elected  by  the  sto(rkholdei's,  who  shall  hold  their  of-  rectors! 
tice  for  one  yeai'  and  until  their  successois  are  electetl 
ami  qualified.  Notice  of  the  election  of  directors  shall 
be  given  by  publication,  for  two  weeks  successively,  in 
some  newspaper  published  in  the  county  in  wliich  the 
principal  office  of  the  company  is  located. 

4.  Any  board  of  directors  elected  under  this  act,  may  sec.4166 


m 


Skc    4116. 
rowers 


om.rrM.  when  organizfi  by  clum.sinff  a  prosidcMir  (wlio  mnv  also  l»o  sut). 
eiiiitcndeiit  ol  said  ('(»riii)aiiy),  and  a  si-cri'tary  (wlio  may 
also  be  treasuivr  (.f  the  company  „  :.nd  sucli  otheroflic'i's 
as  may  be  necessary  fo  cany  out  flie  purposes  of  the  or- 
ganization ;  and  from  thence  shall  be  known  by  its  cor- 
])oiate  name,  and  shall  be  capable  of  suinj;  and  bein^' 
sued,  pleading  and  being  impleaded,  defending  and  be- 
ing defended,  in  any  Court  of  competent  jurisdiction. 

f).  Such  company  may  have  a  common  seal,  and  the 
same  alter  or  change  at  pleasure.  It  shall  have  power 
to  acquiie  by  purchase  or  otherwise,  hold,  and  convey 
su(!li  real  and  personal  estate  as  may  be  necessary  and 
proper  for  the  purpose  of  erecting  and  keepijig  \n  re- 
pair its  lines  of  telegraph,  and  the  buildings  lecpiisite 
for  their  operation.  Said  corporation  may  continue  for 
a  term  not  exceeding  fifty  years.  Such  corporation 
shall  have  power  to  acquire  such  real  estate  and  rights- 
of-way  as  may  be  necessary  for  the  uses  and  purposes 
herein  contemplated  under  the  writ  of  a.ssessment  of 
damages,  as  fully  as  if  the  act  in  relation  to  said  writ 
were  incorporated  and  made  part  hereof. 

G.  The  board  of  directors  shall  provide  a  code 
of  by-laws  for  the  govei-nment  of  the  corporation 
and  the  management  of  its  business  ;  and  shall 
cause  to  be  kej)!  a  fair  record  of  its  i)roceed- 
ings  in  a  book  provided  for  that  purpose,  and  such 
lec'jrd,  or  copies  duly  attested  by  the  secretary,  may  be 
read  in  evidence  when  the  interests  of  said  corporation 
ar<!  concerned. 

five  r.m.  7.  AlMel.'grapli  companies  organiw.l   under  this  act 

Powers.  shall  have  i)c»wer  to  lease  (»r   attach    to   other  telegraph 

lines,  l)y  lease  or  purchase. 


Skc.  4. ((7. 

H.V   I  IIWH. 

Iti'ciinl  Hook. 
Kvidcru'e. 


8k<v  4109. 
itailiKiicI    cniii 


nni.s    urn-     ^'  '^ '"''^i''"*^''^'^   niay  becouie  a  Stockholder  lu  any  tele- 
Iiisi'orkhoicl  graph  company. 


Sec.  417n. 

.\s,Sl'.SSIlll'Ills. 

iiirreitsi-of  cap 
ital. 


9.  The  lioard  of  Directors  shall  liave  power  to  make 
assessments,  from  time  to  time,  on  th(>  stock,  for  liie 
purpose  of  rei)airing  or  extending  its  lines;  and  shall 


m 


Iso  l)o  sup. 
'  (wlio  may 
lun'oflict'i's 
sof  tlio  or- 
l)y  its  cor- 
iuid  l)tMn^ 
1^  iind  be- 
idiction. 

il,  and  (lie 
lave  power 
nd  convey 
r'ssaiy  and 
ing  in  re- 
lecpiisite 
•ntinne  for 
orporation 
md  riglits- 
[  purposes 
's.sinent  of 
said    writ 

3  a  code 
)ri)oration 
and  shall 
l)ro('eed- 
and  such 
y,  may  be 
)rp()riition 

H'  tills  act, 
telegraph 


1  any  tele- 

r  to  make 
k,  for  the 
and  shall 


also  have  Hie  power,  witli  the  consent  of  a  majority  of 
stockholders,  «»f  increasing  its  cai)ilal  stock  for  tlie  pur 
pose  aforesaid. 

10.  The    Hoard    of    Directors    shall,    in   its    by-laws,  sk.'  nn. 
determine  the  manner  in  which  the  stock  of  the  com- "^^J,X '""" 
pany  shiill  be  held  and  conveyed. 

11.  Every    stockholder   shall    be    lial)le,    in    his   in-SKc.tira. 
dividual  caiiacity,  fur  any  contract,  debt  or  eiigMgi-meiit ''"*"''"''"  "' 
of  such   coiiipaiiy    to  an   amount   over  and   above  his 

stock,  equal   to   the  amount   of  the  par   value   of   his 
stock. 

Ain'KLK   2— PoWKlJS    AM)    Dl  TIKS. 

2.  Any   of  said    companies,    through    its    Hoard  oim.-mn. 
Directors,  with   the  consent  of  a  majority  (>i  the  stock-^'">  ' "'' 

hi  1  1111  .      '         .  .  I'liiiitiil  sIihI*. 

outers,  shall    have   power  to  reduce  its  capital  stock 

to  any  amount   noi   below   the  actual  cost  of  construc- 
tion. 

'.I  The  officers  and  directors  of  .said  telegraph  com- skc  4i7i. 
panics  shall  hereaftei-  be  elected   from  among  the  stock- 1^'^^'''"'"^^'' "i «'' 
holders  residing  in  this  State,  or  at  some  i)oint  in  any    "''""'' 
of  the  adjoining  States  where  any  of  said  companies 
shall  have  a  telegraph  station, 

4.  All  irregularities  or  defects  in  the  organization  of se..  nr;. 
said  telegraph  companies  are  hereby  legalized  •  oiKanizaiion 

Prorided,  that  tiiis  section  shall  not  be  construed  in 
such  a  manner  as  to  prejudic(^  the  rights  of  citizens  of 
this  State,  nor  in  su(!h  a  manner  as  to  allow  such  com- 
panies to  institute  any  suit  or  suits  against  the  in- 
habitants of  this  State  which  they  are  not  allowed  to 
institute  by  the  laws  of  the  State. 

1.  Every   electric  telegraph   company  with  a  line  ofsw  uto. 
wires  wholly  or  partly   in   this  State,    and  enga<>-ed  j,,  ""^"'^ "'"""»- 
telegraphing   tor   the   public,    shall,    during   the  usual    aity. 
oflic      hours,    receive  despatches,    whether  from    other 
telegraphic  lines  or  from   individuals,  and,  on  payment 
or  tender  of  the  usual  charge,  according  to  the  regula- 


T 


Sec    1177. 

(li  scloH 
(laniiiRCS, 


tioiis  of  siicli    company,    Hliall    tiiinsniit   tlic  same  with 

impintiiil'ly  '""l  ^""•'  '"'•'''  '""^  '"  ""'  "•■^•**'' "f  ''""'  '" 
wliicli  they  arc  ivccived,  iiikI.t  lu'iialty,  in  case  of 
failure  to  transmit,  or  if  postponed  out  of  such  order, 
of  <me  hun<lr.'<l  <h.llars,  to  be  recovered  Sy  the  persons 
wliose  di'spatcii  is  ne^^lected  or  postpone  I. 

Pn>ri(h(L  h(>iPtPC)\  Tliat  !irran«>ements  may  he  made 
witli  liie  pul)lisliers  of  newspapers  for  the  transmission 
of  inteili-,'eiic»' of  general  and  public  itderest  out  (»f  its 
order,  and  timi  communicati<ms  for  ami  from  ollics  of 
justice  shall  take  precedencf  (»f  all  others. 

1.  Tliis  is  a  i)enal  statute,  and  must  be  construed 
strictly.    (W.  V.  Tel.  Co.  /«.  Hamilton,  .^"O  Ind.,  ISI.) 

2.  The  fact  that  the  act  of  negligence  occurred  iit  an 
ofTice  on  the  line  out  of  this  State,    will   not   baj-  a 

recovery  here,  {id.) 

3.  The  j)laintilT,  in  an  action  against  a  telegraph 
company,  must  aver  that  "the  dcd'endant  was  en- 
gaged in  tclegriiphing  for  the  public."  (W.U.Tel. 
Co.  V.  Axtell,  m  Ind.,  Ism.) 

2.  Telegraph   companies  shall   be   liable   for  specdal 

"'"'damages   occasioned   by   failure  or  negligence  of  their 

"'"operators  or  servants,in  receiving,  copying,  transniitting 

or  delivering  despatches,  to  or  for  t)\e  disch)sure  of  the 

contentoof  any   pii'-ate  desi)atch   to  any  person  other 

than  to  him  t(^  whom  it  was  addressed  or  his  agent. 

1.  Special  damages  recoverable  under  this  sec- 
tion cannot  be  barred  by  regulations  of  the  c(  ;n- 
].any  concerning  the  repeating  (»f  messages.  (\V. 
U.  T.  Co.  V.  Meek,  49  Ind.,  M.) 

2.  If  a  message  be  couched  in  decent  language 
the  company  is  bound  to  transmit  it  without  in- 
quiry as  to  tiie  motives  of  the  sender.  (W.  U.  Tel. 
Co.  V.  Ferguson,  59  Ind.,  495.) 

3.  A  telegraph  company  having  a  line  of  wires 
wholly  or  partly  in  thi:^  State  is  liable  in  danuiges 
for  the  failure  of  its  agent  to  transmit  a  message. 
(  W.  D.  Tel.  Co.  i\  Lewelling,  08  Ind.,  367.) 


1 


08 


<ame  with 
)[  tiiiit'  ill 
n  case  of 
uli  order, 
It!  j>er!S()iis 

'  hf»  niadu 

iiisinissKtii 

out  (»f  i(s 

ofliccs  (if 

cnnstriied 
1  ml.,  181.) 
ined  lit  ail 
not   hay  a 

telegraph 
lit  was  (Mi- 
W.  IJ.Tel. 

'or  spt'(dal 
[•e  of  llieir 
[viiHn)itliiig 
sure  of  the 
rson  other 
af^ent. 

r  this  see- 
the C(  ill- 
ages.    (W. 

language 
ithoiit  in- 
/.   U.   Tel. 

e  of  wires 
I  damages 
I  message. 
37.) 


\.  The  ijlaiiitifT.  to  whom  a  message  was  sent  bitt 
not  delivcied  iiy  the  comiiany,  may  reco\ei  dam- 
ages for  tlie  Mondi'livery  thereof,  although  the  rela- 
tion of  coiiliactor  did  not  exist  between  him  and 
(■r.mpany.  (  \V.  V.  Tel.  «'(».  r.  Kenton,  iVi  Inil.,  1.) 

8.   Such  companies  shall    deliver  all  despatches,  by  asw;.  417h. 
niessriigrr.  to  the  persons  to   whom    tht*  same   ai'e  '''I- [J,!XTy  oi! 
dressed,  (,i'  to  their  agents,  on  payment  of  any  chavgcs 
due  for  the  same  ;   I'lorif/ctf  such  persons  or  agents    I'e- 
side  within  oin'  mile  of  the  telegraphic  station  or  \>  it  li  in 
the  city  or  town  in  which  such  station  is, 

1.  Und(!r  this  section  it  is  the  duty  of  the  com- 
pany to  iransmit  a  message,  not  niertd  to  the  tel- 
egrajih  station  hut  to  ihe  person  addressed. 

4.  A  railroad  company  iiiay  construct  a  ;elegrai>li    toSK(  iitd. 

.    ,  •     .  • .  •  1  1  »        I    •  !•  1     Uailrdiiils  lis 

connect  two  oi-  more  points  on  lis  railroad.    And  it  siicli    „,,„.|ii„,|,i,  rw 
railroad  comjiany   entirely  own  such  telegraph  lines,  it    orown.rH. 
shall  not  he  hound  to  telegra))h  for  the  public  unless  it 
undertakes  to  do  so. 

5.  (Jonlracts  by  teleuraph  between   two  or  more  prr-^'"' '"***^- 

''  .  '     ,  .  .    .  Cniilracl  s  by 

sons  shall  be  considered  as  contnicis  in  writing.  t.-iiKrupii. 


CHAPTER  n. 


CniMKS. 


T);").  Whoevr   maliciously   or   mischievicusly  injuress,:r.  lovi. 

anv  telearanli  pole  or  telei)lione  i)ole,  or  the  wire  or  any '"J"'''"«  '^'''''' 
~  ,  ,  .     .  If    K'nipii  ortfie- 

part  of  the  api)aratus  thereof,   upon   conviction   tliereol    pi,,,!,,.  ikjIos 

shall  be  fined  not   more  than  live  hundred  dollars  nor   »'■"''■'■'* 

less  than  live  dollars,  and  imprisoned  in  county  jail  not 

more  than  six  nioiilhs  nor  less  than  thirty  days. 


1  N  IM  A  N  A  . 


ItF  VISND  ST  A  T  U  TKS\  1 SS 1 , 


CoUroUATIONS.— TlCLKriloXK   CoMI'ANII'N. 


CIIAPTEIl  41}. 

kk.iiri,  1.  Any  iiiiiiibcr  of  ])t'i's(tns  may  form  flienisclvfs  info 

Mil}- Ik- formed,  j^  coipdiii t lon  fof  f lit!  iiuii)os»'  of  ('stiihlisliinu;,  m:iint:iin- 

int,' and  opt'iMtiiig  tttU'pliones,  telepliono  lin«^s   and  tt'lc- 

])liont' (>x(  liant^i'S  within  tlw  Si  iff  of   Indiana,  by  com- 

plyiiiu;  witli  tlie  rt'^inircmentM  of  tliis  act. 

sh:(.41!-.'.  'i.  Tlit-y  sliall  join  in  tlu»  exccniion  of  articles  of  asso-' 

Articii'H  of  As  ,.j.,jj,„,    j.,,(fj,,„.    fmii,    tii,>    naiiK^   assnmcd,  tlie  couiilit's 

KOCllllioM.  ,  ...I'll  1,1 

or  places  williwi  uImcIi  siicn  company  proposes  to  cstao- 
li.sh,  maintain  and  opcralc  telephones  and  telephone  hx- 
chanfi;es,  the  amonnt  of  cai)ital  stock,  and  the  niimixM- 
of  shares  into  which  it  is  divided.  'IMie  stockholders 
who  incorporate  such  association  shall  each  si<^n  such 
articles,  giving  his  ))lace  of  resideiuie  and  the  ainonnt 
of  stock  snbscribed  for  by  him,  five  of  whom  (if  there  be 
so  many  si<>;ners^  shall  acknowledu'e  the  execution  of 
snch  articles  before  some  oflicer  anthorized  to  take 
acdiiiowledgments  of  deeds.  And  the  articles  shall 
therenpon  be  recorded  in  the  oflico  of  the  Secretary  of 
State. 

8K.r.  1183.  3.  As  soon  as  snch  articles  are  filed   for  record  in  the 

When  imoriio-,,j|jj.^,,|- fl,j,*^,,,.i.,>f.^,.y  of  State  sncli  company   shall   be 

deemed  and  held  to  be  a  corjnjrat  ion  by  the  name  specified 
in  the  articles  of  association,  and  in  its  corporate  name 
shall  be  capable  of  sning  and  being  sned,  pleading  and 
being  imphMided,  lefending  or  being  defended  in  any 
Court  of  competent  jurisdiction. 

4.  The  stockholders    shall    elect    from   among  their 
r.-c't  or  B.' number  not  less  than  three  nor  more  than  nine  directors, 

TtTUl. 


rated. 


SKf,  4IS.t. 
Klfi-tlon   <  f  dl- 


IKS. 


selves  info 
jiKiiiitain- 
iuitl  telo- 

i,  1)V  com- 

es  oT  asso-*' 
le  coiiiilies 
^s  to  ('Stab- 
'phone  HX- 
le  niinilxT 
)i'kli(>l(lers 
si<^n  sncli 
le  amount 
(if  tliere  be 
edition  of 
(l  to  take 
ides  shall 
cietary  of 

iord  in  the 
i  shall  be 
iiesperihed 
rate  name 
'ading  anil 
led   in  any 

nong  their 
3  directors, 


I 


08 

a  majority  of  wjioni  slciH  he  residents  u(  this  State, 
who  shall  hold  odiec  for  one  ye.ir  and  nnlil  their  mm;. 
cessors  are  elected.  Not  lee  (d"  I  he  election  (d'  diree|(»rs 
shall    be  <;iv,'ii  i)y   |ti|ldi(Mlioii.    for    two     weeks    snccess- 

Ively,  in  s(.me  ne\vsi»;i|ter  in  the  county  in  which  the 
priii(i|ial  oflice  is  located. 

r».  The  principal  ollice  (d' snid  company  shall  be  main-,>c  uhs. 
lained  in    this   State.      The    Hoard    of    Directors    shall ''""'''"' ""''■" 
orgaiuze  within  ten  daysal'ler  snid  election,  by  (dioosinir      °'"""'''' 
one  of  its  mend)ers    president   (who   may  also  be  siipei'- 
inteiidenl),  and  a  secretary  and   a   treasurer  (which  two 
offices  nniy  be  tilled  by  the  same  person),  and  such  other 
officers  as  may  be  necessary. 

().  The  IJoard  of  Directors  shall   adopt  bydaws  for  thesio  im 
pfoverninenl  of  the  corpora! ion  and  the   maiia,i;'ement  ofnyinws. 
its  business  ;  ami  shall  cause  to  be  kept  a  full  and  com-  E^iZlilo. 
l)lete   record  of   its  proceedin.^s  in  a  book  [irovided    for 
that  purpose;  and  such  lecord,  or  co[)ies  duly    j)roved, 
may  be  read   in   evidence  when    the  interest  of  the   cor- 
poration are  com.'erned. 

7.  Such  company  may  hav(^  a   common   seal,    which  kkciw. 
may  be  altered  at  pleasure,  and  shall  have  power  to  ac- «*'"'• 
quire  liy  purchase  or  otherwise,   ami  hold  and   convey/""'"'" 
sn(di  real  and  personal  estate?  as  ?nay  be   proper  for  the 
purpose  of  erectini^  or  maintainiui;'   its   lines  of   tele- 
l)hone  and  the  appliances   and   buiklin-,'   re([uisite   for 
its  bnsiness  ;  and  shall  have;  the  right  to  ac(piire   such 
real   estate  and  ri<^-hts  of  way  as  may   bt*   necessary   for 
its  business,  under  the  writ  of  assessment  of  damages, 
as  fully  as  if  the  act  in  relation  to  said  writ  were  incor- 
porated in  this  act  and  made  part  of  the  same.     The  life 

of  a  corporation  organized  under  this  act  shall  be  lim- 
ited to  fifty  years. 

8.  Any  telephone  company  organized  under  this  act g^^  4,^3 
shall  have  power  to  lease,  or  attach  to  other  telephone  iwcrs.  ' 
lines  or  excliaj>ges  by  lease  or  purchase. 


9.  A  railroad  company  may  become  a  stockholder  in^Ec  ms. 

Kiiilroiu'in  may 
bt;  stockhold- 
ers. 


any  telephone  or  telephone  exchange  company. 


SKC  41'J0. 
Liability. 


68 

10.  A  telephone  conipjuiy  sliall  not  be  liable  for  errors 
in  messages  or  coniniiinieations,  except  when  such 
messages  or  communications  are  transmitted  under  con- 
tract directly  by  agents  or  em})loyees  of  the  comi)any  ; 
nor  shall  it  be  liable  for  any  special  damage  sustained 
by  a  failure  of  its  instruments  to  work,  beyond  a  rebate 
of  the  I'dnt  charged  for  the  time  such  instrument  failed  to 
work. 

n.  Thrf  Board  of  Directors  shall  have  power  to  make 
assessments,  from  time  to  time,  on  the  stock,  to  the  ex- 
tent, in  the  aggregate,  of  its  face  value,  for  the  purpose 
of  repairing  or  extending  it  3  lines  ;  and  it  may  also, with 
the  consent  of  a  majority  of  the  stockholders,  increase 
the  capital  stock  for  the  purpose  aforesaid,  it  may  also, 
in  its  by-laws,  determine  the  manner  in  which  the  st.jck 
of  the  comi^any  shall  be  held  and  assigned. 

12.  Every  stockholder  shall  be  liable,  in  his  individual 
Btocki.oiders.  capocity,  for  any  contract,  debt,  or  engagement  of  such 
company  to  an  amount,  over  and  above  his  stock,  equal 
to  the  face  value  of  his  stock. 


Skc.  4181. 
Stock. 


Sec.  4192. 


INDIANA. 


REVISED  STATl/TES,  1881. 


Chimes. 


CHAPTER  5. 


Art.  8. — Against  Public  Policy. 

SBC.  81SS.  218.  Whoever,  being  an  operator,  clerk,servant  or  mes- 

Dihciosing  con-syiwer  of  auv  telegraph  company,  discloses  the  contents 

tontB  of  tele-      „'',.,,  \  •        i   r 

KTums         of  any  dispatch  or  message  sent  or  received  from  any 


67 


L'  for  errors 
hen  such 
under  con- 
company  ; 
i  sustained 
id  a  rebate 
nt  failed  to 

er  to  make 
,  to  tlie  ex- 
ile purpose 
y  also,  with 
ra,  increase 
may  also, 
1  the  stjclj: 

individual 
nt  of  such 
;ock,  equal 


ant  or  mes- 

lie  contents 

from  any 


office  of  sudi  comj>any,  except  to  a  Court  of  Justice,  or 
to  a  person  authorized  to  know  the  same,  shall  be  lined 
not  more  tiian  live  hundred  dollars,  nor  less  than  ten 
dollars. 


INDIANA. 


EEVISED  STATUTES,  1881. 


Taxation. 


CHAPTER  08. 


Art.  9.— Foueign  Cokporation. 

85.  Any  joint  stock  association  or  corporation  engaged  s^r.  m,. 
in  transmitting   to,  from,  through  or  in  this  State  tele- '''"''''''''''•''"='*™- 
graphic  messages,and  incorporated  under  the  laws  of  any    '"""'* 
other  State,  shall   be  deemed   and  be   held  a  telegraph 
company.     Every   such  telegraph    company  shall,  an- 
nually, between  the  first  day  of  April  and  the  first  day 
of  May,  make  and  deliver  to   the  Auditor  of  State,  a 
statement,  verified  by  the  oath  of  the  officer  or  agent  of 
such  company  making   the  report,  showing   the  entire 
receipts  of  each  agent  of  such  company,  doing  lousiness 
in  this  State  for  the  year  then   next   preceding   the  first 
day  of  April,  for  and  on  account  of  such  company,  in- 
cluding its  proportion  of  gross  receipts  for  business     ' 
done  by  such  company  ii.   connection  with  the  lines  of 
other  companies  :     Provided,  That  nothing  herein  con-      ■ 
tained  sliall  release  such  telegraph  companies   from  the 
assessment  and   taxation  of  its   tangible    property  in 
this  State  in  the  manner  that  other  tangible  property  is 
assessed  and  taxed.      Such  company,  in  making  state- 
ments of  such  receipts,  shall  include,   as  such  all  sums 


68 

eai'iicd,  or  clmr^cd  in  tin*  business  for  siirii  preccdinj; 
year,  wliethcr  actually  received  or  not.  8ucli  star(*- 
int-nt  shall  c(Uiiain  an  abstract  of  the  am  unt  received 
in  each  county,  and  the  total  amount  received  for  all 
tluf  counties.  In  case  of  the  failure  or  refusal  of  such 
telegraph  c(»n)pany  to  make  such  statement  before  the 
first  day  of  May,  it  sluvll  then  be  the  duty  of  each  local 
agent  of  su(di  telegraph  company  within  this  State,  an- 
nually, between  the  first  day  of  May  and  the  first  day 
of  June,  to  make  out  and  forward  to  the  Auditor  of  State 
a  similar  verilied  statement  of  the  gross  receipts  of  his 
agency  for  the  year  then  next  preceding  the  first  day  of 
April.  When  such  statenipnt  is  made,  such  telegraph 
company  shall,  at  tlie  time  of  making  the  same, pay  into 
theTreasuiy  of  the  State,  tlie  sum  of  one  dollar  on  each 
one  hundred  dollars  of  such  receii)ts.  Any  such- 
telegraph  company  failing  or  refusing  for  more  than 
thirty  days  after  the  first  day  of  June  in  each  year,  to 
render  an  accurate  account  of  its  receijits  in  a  manner 
above  provided,  and  to  pay  the  required  tax  thereon, 
shall  forfeit  one  hundred  dollars  for  each  additional 
day  such  payment  and  statement  shall  be  delayed,  to 
be  recovered  by  an  action  in  the  name  of  the  State  of 
Indiana,  on  the  relation  of  the  Auditor  of  State,  in  any 
Court  of  competent  jurisdiction,  and  the  Attorney-Gen- 
eral shall  conduct  such  prosecution,  and  such  company, 
corporation  or  association  so  failing  or  refusing,  shall  be 
prohibited  from  can-ying  on  said  business  in  this  State 
until  such  payment  is  made. 

cm. Tciepiione  80.  Every  telephone  Company  doiug  business  in  this 
Companies,  gfate  aud  Incorporated  undei-  Jie  laws  of  any  other 
.  State,  shall  annually,  between  the  first  day  of  April  and 
the  fii'st  day  of  June  report  to  the  auditor  of  State  under 
oath  of  an  officer  or  agent  of  such  corporation  the  gross 
amount  of  all  its  receipts  in  the  State  of  Indiana  for 
the  year  immediately  preceding  the  first  day  of  April, 
and  shall,  at  the  'ime  of  making  such  report,  pay  into 
the  treasury  of  the  State  the  sum  of  twenty-five  cents  on 
every  one  hundred  dollars  of  such  receipts.     Any  such 


m 


ich  st:it<^- 
t  I'eceivf'd 
id  for  all 
\l  of  such 
before  the 
each  local 
State,  an- 
first  day 
r)i  ofStatc! 
pts  of  his 
rst  day  of 
tele<>rapli 
e,|)ay  into 
ir  on  each 
\.iiy  such- 
nore  than 
h  year,  to 
a  manner 
:  tliereon, 
additional 
elayed,  to 
e  State  of 
te,  in  any 
rney-Gen- 
conipany, 
5,  shall  be 
this  State 

iss  in  this 
any  other 

April  and 
tate  under 

the  gross 
idiana  for 
7  of  April, 
,  pay  into 
'e  cents  on 
Any  such 


telephone  company  failiiis  or  refusing  for  more  than 
thirty  days  after  the  lirst  day  of  .Iiine,  to  render  an  ac- 
curate account  of  sucli  gross  receipts  as  above  provided, 
and  to  pay  the  required  tax  thereon  shall  forfeit  ten 
doliais  for  each  additional  day  such  reportand  payment 
shiill  be  delayed  to  be  recovered  in  an  action,  in  the  name 
of  the  State  of  Indiana,  or  the  relation  of  the  Auditor 
of  State,  in  any  Court  of  competent  jnrisdiction,  and  the 
Attorney-General  shall  conduct  such  prosecution  ;  and 
such  telephone  companies  so  failing  or  refnsing  shall 
be  prohibited  from  canning  on  said  business  until  such 
payment  is  made. 


INDIANA. 


liFVISED  STATUTES,  1881. 


COUPORATIONH— RaILKOADS— AlTKIt     OimANIZATION. 


CFI AFTER  :?8. 


Art.  n. — Fkanciiisks. 


now     or    hereafter 


Any  railroad  company 
fully  organized,  and  owning  or  operating  under 
lease  or  otheiwise,  railroads  in  this  State,  is  here- 
by authorized  and  empowered  to  construct,  main- 
tain, own  and  operate  lines  of  telegraph  upon  and 
along  the  route  and  right  of  way  of  the  railroad  or  rail- 
roads owned  or  opeiated  by  it,  and  such  additional  dis- 
tances beyond  the  termini  of  the  main  line  or  branches 
of  such  road  or  roads,or  from  su(;h  points  on  the  main  line 
or  branches  thereof,  as  may  be  necessary  to  reach  busi- 
ness centres,  for  its  own  and  also  for  the  public  or  com- 
mercial uses,  and  to  connect  and  operate   the  same  for 


lilW-  Skc.  4018. 
,.  Tolet;rii|>ti 


Lines. 


like  iisi;  in  connection  witii  flie  telegraph  lines  of  other 
railrotids  or  telegraph  companies  or  individuals  in  this 
or  any  other  State,  -  as  to  form  a  continuous  line, 
upon  such  terms  and  conditions,  for  the  interchauf^e 
and  forwarding  of  business,  as  may  be  mutually  agree- 
able to  the  parties,  and  to  charge,  collect  and  receive 
reasonable  and  customary  rates  for  transmission  of  tele- 
grams thereupon. 

A  railroad  company  may  take  stock  in  a  telegraph 

company,  or  construct  telegraph  lines  on  its  own  road. 

s.;c.4oi9.  2.  That  it  shall  be  lawful  for  any  such  company  as  is 

comimiiiossub-  I    jj^    ^j^^  preceding   section     to    acquire,    upon 

jcct  to  reeu-  ^  ,  .  ,  •  ii  •    i  i  i 

lations.  terms  mutually  agreeable  to  the  i)arties,  tlie  riglit  to 
construct  lines  of  telegraph  or  to  acquire  telegraph  lines 
already  constructed  upon  and  along  the  line  of  any 
other  railroad  or  raih'oads  in  this  or  any  other  State, 
and  to  maintain  and  operate  the  same  separately  or  in 
connection  with  their  own  line,  for  the  transmission  of 
its  own  or  public  or  commercial  telegrams,  and  charge 
and  collect  customary  rates  therefor :  Provided,  That 
all  railroad  companies  owning  or  operating  any  tele- 
graph line  or  lines  under  the  provisions  of  this  Act,  shall 
be  subject  fo  all  the  regulations,  penalties  and  liabilities 
of  telegraph  companies,  as  are  now  or  may  hereafter  be 
provided  by  law,  when  receiving,  transmitting  and  de- 
livering  messages  for  the  public  or  any  individual  or 
company. 

INDIANA. 


Sec.  (i577. 


Acts  of  the  General  Assembly  of  The  State  of  Indiana, 

1H83. 

CjiaptkuS.  An  act  to  punish  persons  who  disclose 
the  contents  of  messages  or  conversations  sent  over 
telephone  lines. 

[In  force  after  due  publication  and  circulation  by 
authority.] 

1.  Beit  enacted  by   the  General   Assembly    of  the 


n 


es  of  other 
lals  in  this 
nous  line, 
uterchanf^e 
ally  agree- 
nd  receive 
ion  of  tele- 
telegraph 
own  road, 
ipany  as  is 
lire,  upon 
he  riglit  to 
[fraph  lines 
ine  of  any 
ther  State, 
ately  or  in 
mission  of 
and  charge 
ided,  That 
5  any  tele- 
sAct,  shall 
\  liabilities 
lereafter  be 
ng  and  de- 
lividual   or 


)f  Indiana, 

ho  disclose 
sent  over 

Illation   by 
bly    of  (lie 


State  of  Indiana.  'Plint  any  operator,  clerk,   servant,  Di-w-iosinR toio- 

"  ,        ,  plume  c  o  n  - 

messenger  or  employee,  of  any  telrplione  company  versatum  or 
doing  business  in  this  State,  who  discloses  the  contents  message. 
of  any  despatch  or  message,  or  any  conversation  had 
between  persons  while  using  the  line  of  any  telephone 
company,  except  to  a  Court  of  Justice,  or  to  a  person 
entitled  to  know  the  same,  shall  be  fined  not  more  than 
five  hundred  dollars,  nor  less  than  ten  dollars. 

Approved  February  13,  1H83,  R.  S.  1881,  Sec.  2128. 
They  shall  join  in   the  execution   of  article,?  of  asso- skc.  e. 

.  -         ,       .,  1     ii  »•        Articles  of  As- 

ciation,  setting  forth  the  name  assumed,  the  counties  ^odaiion. 
or  places  within  which  such  com mny  proposes  to  es- 
tablish, maintain  and  opt  •  ite  telephones  and  telephone 
exchanges,  the  amount  of  capital  stock,  and  the  num- 
ber of  shares  into  which  it  is  divided.  The  stockhold- 
ers who  incorporate  such  an  association,  shall  each  sign 
such  articles,  giving  his  place  of  residence,  and  the 
amount  of  stock  subscribed  for  by  him,  five  of  whom 
(if  there  be  so  many  signers)  shall  acknowledge  the 
executing  of  such  articles  before  some  officer  author- 
ized to  make  acknowledgments  of  deeds,  and  the  arti- 
cle shall  thereupon  be  recorded  in  the  office  of  the  Sec- 
retary of  State. 

As  soon  as  such  articles  are  filed  for  record  in  thesE-.a 
office  of  the  Secretary  of  State,  su  '•  company  shall  be 
deemed  and  held  to  be  a  corporation,  by  the  name  speci- 
fied in  the  articles  of  association,  and  in  its  coriiorate 
name  shall  be  able  of  suing  or  being  sued,  pleading  or 
being  pleaded,  defending  or  being  defended  in  any 
Court  of  competent  jurisdiction. 

The  stockholders  shall  elect,  from  among  their  num  skc  a. 
ber,  not  less  than  three  nor  more  th  i  nine  directors,  f""'<='^'"'' 
a  majority  of  whom  shall  be  residents  of  this  State, 
who  shall  hold  office  for  one  year,  and  until  their  suc- 
cessors are  elected.  Notice  of  the  election  of  directors 
shall  be  given  by  publication,  for  two  weeks  successive- 
ly, in  sv>me  newspaper  in  the  county  in  which  the  prin- 
cipal ofllice  is  located. 

The  princijial  oflice  of  said  company  shall   be  main-SKc.4. 


Arlii'leH  filed  in 
ollloe  of  See- 
re  tary  of 
StuU'. 


Principal  office  tained  in  tliis  State;  tim  Hoiud  of  Directors  sluill  orijjan- 

of  Company.   .  -.i  •       ^  i  .•.        .i      •        i       .■  t  i  • 

ize  witliin  ten  (lays  aiter  tlieirelerlion,  by  choosing  one 
of  tlieir  number  president,  \vl o  may  also  lie  sui)er- 
intendent,  and  a  neeretary  and  a  treasurer — which  two 
ollices  may  be  filled  by  same  person — and  siieh  other 
officers  as  may  be  necessary. 
Sec.  8.  The  Board  of  Directors  shall  adoi)t  by-hiws  for  gov- 

nyi-aws.         ernment  of  the  cori)oration  and  the  management  of  its 

Kecoicl  of  I'ro-  ,  '^  " 

ceediugs.  buslness,  and  shall  cause  to  be  kept  a  full  and  <'om[»lete 
rec(  d  of  their  proceeding's  in  a  book  provided  for  that 
purpose,  and  such  record,  or  copies  duly  proved,  may 
be  read  in  evidence  when  the  interests  of  the  cori)ora- 
tion  are  concerned. 
skc.7.  Sucli  company  may  have  a  common  seal,  whicli  may 

Bmi.  Acquire, |j    altered  at  pleasure,  and  shall   have  power  to  acquire 

liold,  convey  ^  '  '■  ^ 

real  estate.  — by  purcluise  or  otherwise — and  hold  and  convey  such 
real  and  personal  estate  as  may  be  proper,  for  the  pur- 
pos^e  of  maintaining  or  erecting  its  lines  of  telephone,and 
the  appliances  and  l)uilding  requisite  for  its  business  ; 
and  shall  have  the  riglit  to  acquire  such  real  estate  and 
riglits   of  way  as  may  be  necessary  for  its   business, 

Termor  corpo'""^*^^"  '^''^'  ^^'^''''  ^'^  assessuieuts  of  damages,  as  fully  as 
ration.         if  the  act  in  relation  to  said  writ  were  incorporated   in 
this  act  and  made  part  of  same.     The  life  of  a  corpora- 
tion organized  under  this  act  shall   be  limited  to  lifty 
years. 
sko. 8,  Any  telei)hone  companies  organized  under   this  act 

To  lease  or  »tj.]j.^ii  |,j^yji  powcr  to  lease,  or  attach  to   other  telephone 

taeliotlier  i  '  •*■ 

lines.  lines  or  exchang«\s  by  lease  oi-  [)urchase. 

Sko. 9.  A  railroad  company  may  become  a  stockhohier  in  any 

"'l'iai"y''  KtTk- teleplione  or  telephone  exchangt^  company. 

iiolders, 

Sko.  10.  A  telephone  company  shall  not  be  liable  for  error.s  in 

Not  '''^''•o 'o"" messages  or  communications  excej)t   when  such  messa- 

errors.  ~  •         -,  -t 

ges  or  communications  are  transmittt^d  under  contract 
directly  by  agents  or  emph)3'ees  of  the  compan}^  nor 
shall  it  be  liable  for  any  special  damage  sustained  by  a 
failure  of  its  instrumenrs  to  work,  beyond  a  rebate  of 
of  rent  charged  for  the  time  such  instruments  fail  to 
work. 


ts 


11  nriija  ri- 
sing ono 
V.  su]^^'v- 
liicli  two 
ch  otlu'V 

I  for  gov- 
jiit  of  its 
complete 

for  that 
i'ed,  may 

cori)ora- 

lich  may 
J  acquiie 
vey  «iicli 

the  pur- 
h()iie,niul 
)iisinesH  ; 
^tate  and 
jiisiness, 

fully  as 
rated  iu 
corpora- 
l  to  lilty 

this  act 
elephoue 

er  in  any 


errors  in 
h  niessa- 
con tract 
any,  nor 
lied  by  a 
rebate  of 
ts  fail  to 


etock. 


The  board  of  dircM'toi's   shall  have  power   to  make  ns-SEr.  ii. 
sessmeijls  from  time  to    time  on  the  stock,  to  the  cxtt'iif^''"''"'""'"'  °" 
in  tlie  iT^',i^re<i'iite   ot    its    luce   value,  lor  t  lie  ]>urpose  of  increase  of 
repairing;'  or  extciidiii<>-   their   lines,  and    they  may  also, 
with  th<'  consent  of  a  mnjoiiry  of  stockhoMers,  increase 
the  capital  stock  for  the   puipose   aforesaid,  they    may 
also  in    their  by-laws,  determine   the   manner   in  which 
the  stock  of  the  com])any  shall  be  held  and  assi<^ned. 

Every  stockholder  shall  be  liable  in  his  individual  ca-SK.- la. 
pacity,  for  any   contract,  debt   or  eima<,^ement  of  such  ^'r. •";""!" ,'," 
company  to  an  amount  over  and  id)ov(^   his  stock  ecpial   i-ic  for iiebto. 
to  the  lace  value  of  his  stock. 

An  emerfijency  exisfin<?  thereof,  shall  be  in  force  fromsEc.  13. 
and  after  its  passage.  KmerK.my. 


INDIANA. 


(HlAPTEUXCVr. 

Every  telephone  company  doing  business  in  this  State,  SKoHn. 
and  incori)orate(l  under  the  laws  of  any  other  Sta(e,shair'''''''''''""'''''""' 
annnallj',  between  the  lirst  day  of  April,  and  the  first  Anmmir,.,.ort. 
day  of  June,  report  to  the  au(lit(.r  of  State,  under  oath 
of  an  oflicer  or  agent  of  such  corporation,  the  gross 
amount  of  all  their  leceipts  in  the  Slate  of  Indiana,  for 
the  year  iniMiedialely  prec(>iliiig  the  first  day  of  Ajjril, 
and  shall  at  the  time  of  making  such  report,  pav  into 
the  treasury  of  the  State  the  sum  of  twenty-five  cents  on 
every  one  hundred  dollars  of  such  receipts;  and  any 
such  telei)lione  company  failing  or  refusing  for  more 
than  thirty  days  aftei  the  first  day  of  June,  to  render 
an  accurate  account  of  such  gross  receipts,  as  above 
provided,  and  pay  the  iv(piired  ta.x  thereon,  shall  for- 
feit ten  dollars  for  each  additional  day  such  report  and 
payi.-ent  shall  be  delayed,  to   be  recovered   in  an  action 


m 


in  the  name  of  the  State  of  Indiana,  on  the  relation  of 
the  Auditor  of  State,  in  any  Court  of  competent  juris- 
diction, and  tlie  Attorney-General  shall  conduct  such 
prosecution  ;  and  such  telephone  comj)anies  failing  or 
refusing  shall  be  prohibited  from  carrying  on  said  busi- 
ness until  such  payment  is  made. 


LA; 


tion  of 
t  jiiris- 
!t  such 
ling  or 
(1  busi- 


m 


LAWS  i)V  IOWA 

IIKLATING  TO  TELEGRAPH  COMPANIES. 


(Prom  Chap.  0.     Title  10.     Code  of  1873.) 


Skc.  1324. — Any  person  or  oonip.iny  may  construct  a 
telegTa])h  line  along  the  public  highways  of  this  State 
or  across  the  rivers,  or  over  any  lands  belo'"^ing  to  the 
State  or  to  any  private  individual,  and  v  y  'ect  the 
necessary  fixtures  therefor;  irrodided  tl.at  on  any 
highways  along  which  said  line  has  1  :"  to.'^.ructed 
shall  be  changed,  said  person  or  com"  y  hall,  upon 
ninety  days'  notice  in  writing,  remove  iar,  line  to  said 
highway  as  established.  Said  not* 'e  contemplated 
herein,  may  be  served  on  any  agent  o^  opax'ator  in  the 
employ  of  said  person  or  comi)any. 

MEMORANDUM. 

[It  has  b(^en  customary  to  regard  this  section  to  au- 
thorize foreign  cor]>orations  to  cxeicise  tliesanui  powers 
and  rights  in  this  State,  which  domestic  corporations 
might  exercise.  Neither  the  Western  Union  nor  the  A. 
&  P.  are  organized  under  the  laws  of  Iowa.  It  is  still  un- 
settled whether  tliis  section  authorizes  the  construction 
of  a  telegraph  upon  the  right  of  way  of  a  railroad.] 

Seo.  1325.— Such  fixtures  must  not  be  constructed  as 
to  inconvenience  tlie  iniblic  in  the  use  of  any  highway, 
or  the  navigation  of  any  stream,  nor  shall  they  be  set  up 
on  the  private  ground  of  any  individual  without  pay- 
ing a  just  equivalent  for  the  danuiges  he  thereby  sus- 
tains. 

Sec.  1320. — If  the  person  over  whose  lands  such  tele- 
graph lines  passes,  claims  more  damages  therefor  than 
the  proprietor  of  the  telegraph  is  to  pay,  the  amount 


of  <lnmaf?o.s  may  bo  dcterniiiiod  in  tho  snino  inaiinor  as 
is  provided  in  (Miiiptt-r  4,  (tf  this  titlf  (wliicii  sec). 

Skc.  ]'.\'27.  l*r(»vidt's  as  ii  iK'iialfy  for  refusal  to  re- 
ceive defspafclica  or  to  transmit  thciu  witli  lidelity  and 
witliont  nnreasonalile  delay,  tliat,  all  laws  concfrnii!^^ 
tlie  formation  of  jiartnersliips,  corporatic.'ns  and  the 
taking' of  ]i)ivalt' propei'ty  for  pnblic  use,  slniU  cease 
to  o))erate  in  i'avor  of  the  jtroprifMor,  and  that  property 
taken  without  the  consent  of  the  owner  may  he  re- 
claimi'd. 

Skc.  i:i"28.  I'l-ovides  for  the  ])unishnient  of  employ- 
ees ne^lectinji;  to  receive  or  transmit  messages  or  inak- 
iii<^  known  tlie  contents. 

Sk<;.  ];?2!). — Makes  proprietors  liable  for  mistakes  in 
transmission. 

MEMORANDUM. 

[There  do  not  seem  to  have  been  any  decisions  con- 
cerning tdegraidis,  except  those  relatinj^^  to  the  trans- 
mission of  messages.  | 

^KC.  )i^)S2.  (p.  4:W).— Provides  that  acli(»ns  may  be 
broughi  against  telegi'aph  com])anies,  or  the  lessees  or 
com{)anies  operating  the  lines,  in  an//  coiudy  through 
which  tlie  line  jiasses.  ' 

Vt\  (Jhap.  iVJ.  Laws  of  the  17th  (reneral  Assend)ly, 
(187H.) 

It  is  ])rovided  that  all  telegraph  lines  built  and  oper- 
ated in  this  State  shall  be  subject  to  taxation  upon  as- 
sessment, to  be  nuule  by  tlie  State  Board  of  Kiiualization 
on  the  leturn  of  iiie  company.  The  taxes  to  be  levied 
by  (lie  Board  in  lieu  of  all  local  taxes,  and  shall  be  i)ay- 
able  into  the  State  Treasury. 


A  telegraph  company  may  he  formed  in  this  State  in 
accordance  with  Chap.  1,  l^itle  )4,  Code  of  187:5,  ^>.  183, 
lohich  proi^ides  that : 

Sec.  1058. — Any   number  of  persons  may  associate 


tli«'Mis«'Iv«!.s  iuid  l)fc(tnu'  lii('(»rp(ti!ii<'(l  f(»r  tlic  hiinsju^liiMi 
lA  mill  fmr/iil  Inisiiirss,  iiicliKliii-i;  the  t's(;il>lisliiii('iit  of 
r»'iii('s,  the  (•((iistnictiidi  of  «nii!il,s,  inid  raihviiys,  hridj^t's 
or  (itliei- work  nl"  intonal  iinpidViMiK'n.',  Ixil  siicli  iiinir- 
iMU'iiliuii  coiifprs  no  ])o\\>'roi-  privilc;;*'  not  posso.s.scd  Ity 
nahiiMl  juMsons,  except  as  liMiHinaftcr  provided. 

Skc.  l(ir)!».  -  Ainon^'  I  lie  powers  of  such  luxly  corjiorale 

.'U'e  llie  following  : 

1st.  'i'o  have  perpetual  siieceHsion. 

iM.  'io  sue  and  he  sued  by  its  corporate  name. 

:kl.  To  have  a  corporate  seal  widch  it  injiy  alter  at 
pleasure. 

4th.  'Co  render  the  interests  of  the  stoclcholders  trans- 
it ra  hie. 

r)th.  To  ex('Mi])l  tln^  piivate  proj)erty  of  its  members 
from  liability  for  corporate  del)ts,  except  as  herein 
otherwise  declared. 

Gth.  To  establish  by-laws  and  make  all  rules  and  regu- 
lations deemed  exi)edient  for  the  management  of  their 
alTairs  in  accordance  with  law. 

Sioc.  1000. —Previous  to  (^omnii'ncing  any  business,  ex- 
cej)t  that  of  tln'ir  own  oiganization,  they  must  adopt 
articles  of  incorporation,  which  n)ust  be  recorded  in  the 
office  of  the  recorder  of  deeds  of  the  county  where  the 
principal  place  of  business  is  to  be,  in  a  book  kejjt 
theie,  or  ;  the  rect)rder  must  r<'(;ord  such  ai'tides  as  afore- 
said within  live  days  after  the  saints  are  filed,  and  certify 
thereon,  the  time  when  the  same  were  tiled  in  his  office, 
and  the  book  and  page  where  the  record  thereof  will  be 
found.  The  said  articles  shall  then  \w  recorded  in  the 
office  of  the  Secretary  of  State,  in  a  b;,(.k  kept  for  that 
purpose. 

Sec.  1061. — Such  articles  of  incorporation  must  tix 
the  highest  amount  of  indebtedness  or  liability  to  which 
the  corporation  is  at  any  one  time  to  be  subject,  which 
must  in  no  case  exceed  two-thirds  of  its  capital  stock. 


IS 


Skc.  KHi'i.  A  iiolico  must  nlsd  be  published  for  four 
weeks  in  .successiou  in  some  mnvspapfi'  as  coiiveiiieiil 
as  jjincticable  to  the  jjiinciital  iilace  ol"  business. 

Skc.  I "<;;{.  -Such  notice  must  contain  : 

1st.  Name  of  corporation  and  i»rincipal  place  of  busi- 
ness. 
2d.  General  nature  of  tiie  business. 

M.  Amount  .>f  capital  stock  autiiorized,  and  lime  and 
terms  on  wlilcii  it  is  to  be  paid  up. 

4th.  Time  of  cummencement  and  termination  of  cor- 
poration. 

r)th.  By  what  officers  or  persons  business  to  be  con- 
ducted and  times  of  election. 

6th.  The  amount  of  indebtedness  to  which  the  corpor- 
ation may  subject  itself. 

7th.  Whether  private  property  is  to  be  exempt  from 
corporate  debts. 

Sk(!.  l(iG4.— Corporations  may  commence  business  as 
soon  as  articles  are  filed  in  liiujorder's  office,  and  doings 
shall  be  valid  if  i)ublication  is  made  and  articdes  re- 
corded in  office  of  Secretary  of  State  within  three 
months. 

Si'X'.  1005. — No  change  to  be  made  unless  recorded  and 
published  as  original  articles  are  required  to  be. 

Skc.  1060. — Cannot  be  dissolved  without  unanimous 
consent,  unless  a  different  rule  is  adopted  in  articles. 

Sec.  1(167. — Premature  dissolution  must  be  published. 

Sec.  1068.— a  failure  to  comply  substantially  with  the 
foregoing  requisitions  in  relation  to  organization  and 
publicity  renders  the  individual  propcri//  of  ike  stock- 
holders liable  for  the  puf)Uc  debts. 

Sec.  1069. — Cor])orations  for  construction  of  works 
of  internal  improvement  may  be  formed  to  endure  fifty 


y«'ais.  Nfny  \w  rcncwod  from  tiiiu'  to  time  l»y  Hii'»'«!- 
fom  tlis  (»r  \\u'  Vdlt's  cast  i\t  any  I'lcction  if  (lioso  wisliinj^ 
i(uii'\val  will  puicluiHo  the  stock  of  those  oitpoaud  at  fair 
current  value. 

Manner  of  taking'  private  propta-ty  for  ri^htof  w..y. 

Chap.  4,  Title  K),  (U)dii  of  1873. 

See  3k(\  1244. — Which  provides  : 

The  ShcrilT  of  the  (U)unty  shall,  upon  tht!  application 
of  either  party,  appoint  si.v  disinterested  freeholders  (.f 
the  county  who  ahull  inspect  the  property  and  assess 
the  damage. 

The  cor})oration,  upon  payment  of  the  amount,  may 
proceed  to  construct. 

Sko.  1252.— The  corporation  shall  pay  all  costs. 

Skc.  V254. — Et.  seq.  provides  for  appeals  by  eitlier 
party  and  for  the  trial  thereof. 


IOWA. 


LAWS  OF  1882. 


CHAPTER  104. 
Telephone  Linp:s  along  Hiohways, 

An  Act  to  amend   Section   1324,  Chapter  6,  Title  10,  of 

the  Code  of  1873,  relating  to  Telegraphs. 

Be  it  enacted  by  the  General  Assembly  of  the  Sate  of 
Iowa : 

That  Section  1324,  of   the  Code  of  1873,  relating   toSEo.i 
telegraphs,  be  and  the  same  is  hereby  amended,  by  in-SK^^;_i3t2|  ^^^^ 
serting  after  the  word  "  telegraph,"  in  the  second  line   pho.'-^^  »■;« 
thereof,  the  words  "  or  telephone, " 


may  bo  built 
aloiiK  higli- 
ways. 

This  act  being  deemed  of  immediate  importance,  shallsKO.  a. 


take  effect  and  be  in  force  from  and  after  its  publication  Pu^ication 
in  the  Daily  State  Leader,  newspaper,  published  at  Des 
Moines,  Iowa. 

Approved  March  16,  1882. 

Published  March  18  and  22d,  1882. 


80 


I  AVVS  OK  KANSAS 

IN  liHLATlON  TO   TELFJ!liAPU  VOMPAN/E.^. 


[Took  Efkkct  OcrouKi;  ;?l,  1808.1 

Siu'i'iox  7-1.  [Act  coinrriiiiKj  Priddte  Corixirafioiis.) 
Coipoi'iilioii.s  created  I'or  tlic  purpose  of  const nictiiiiij 
and  tnaiiitaiiiin^Miiagiietic  telegraph  lines  are  authorized 
to  set  their  poles,  piers,  abutments,  wires  and  otlier  fix- 
lures,  along,  upon,  and  across  an \'  of  the  public  roads, 
streets  and  waters  of  this  State,  in  such  manner  as  not 
to  incommode  the  p'il)li(!  in  the  use  of  such  roads, streets 
and  waters. 

Skc.  7.1.  Such  companies  are  also  authorized  to  enter 
upon  any  lands,  whether  owned  by  private  persons  in 
fee,  or  in  any  less  estate,  or  by  any  corporation,  whether 
acquired  by  purchase  or  ^by  virtue  of  any  provision  in 
the  charter  of  such  corporation,  for  the  juirpose  of 
making  preliminary  suiveys  and  examinations,  with  a 
view  to  the  erection  of  any  telegra])h  lines,  and  from 
time  to  time  to  appropriate  so  niucli  of  said  lines  as  may 
be  necessary  to  ere(!t  such  poles,  [)iers,  al)utnuMits, wires 
arid  other  necessary  tixtures  for  a  magnetic  telegraph, 
and  to  made  such  changes  of  location  of  any  part  of  said 
lines  as  may  from  time  to  time  be  deemed  necessary, and 
shall  liave  a  right  of  access  to  construct  said  line,  and 
wdien  erected,  from  time  to  time  as  may  be  requii-ed,  to 
repair  the  same  ;  and  may  prt)ceed  to  obtain  the  riglit 
of  way,  and  to  condemn  lands  for  the  use  of  the  corpor- 
ation in  the  manner  i)rovided  by  law  in  case  of  railway 
corporations. 

Skc.  76.  No  corporation  shall  have  power  to  contract 
with  any  owner  of  land  for  the  right  to  erect  and  main- 
tain a  telegraph  line  over  his  lands,  to  the  exclusion  of 
the  lines  of  other  companies. 


81 


Skc.  77.  Any  ooj-poriition  crcafi'd  ;i.s  liri't-iii  providrd, 
may  coutnict,  own,  nseai.v'.  maintain  any  line  or  lines  of 
tele<;rapli,  whether  wholly  within,  or  wholly  or  partly 
beyond,  the  limits  of  this  State,  and  shall  have  power  to 
lease  or  iitlacdi  to  the  line  or  lines  of  such  ror]ioration, 
other  telegraph  lines  by  lease  or  purchase,  and  may  join 
with  any  other  corporation  or  association  in  construct- 
ing, leasing,  owning,  using  or  maintaining  their  line  or 
lines,  upon  such  t(>rms  as  may  be  agreed  upon  between 
the  directors  or  managers  of  the  respecti/e  coi'poi'alions  ; 
and  may  own  and  hold  any  interest  in  such  Vuhi  or  lines, 
or  may  become,  lessees  thereof,  on  such  terms  as  the  re- 
selective  corporations  may  agree. 

Si;c.  7iS.  The  council  of  any  city,  or  trustees  of  any  in- 
corporated town  or  village,  through  which  the  line  of 
any  telegraph  corporation  is  to  pass,  :nay,  b}  ordinance 
or  otherwise,  specify  where  the  posts,  piers  or  abut- 
ments shall  be  located,  the  kind  of  posts  that  shall  be 
used,  the  heiglit,  at  which  the  wires  shall  be  run,  and 
such  company  shall  be  governed  by  the  regulations  thus 
prescribed  ;  and  after  the  erection  of  said  telegraph 
lines,  the  council  of  any  city,  or  the  trustees  of  any  in- 
coi'porated  town  or  village,  shall  have  power  to  direct 
any  alteration  in  tl:e  location  or  erection  of  said  posts, 
piers  or  abutments,  and  also  in  the  heig!it  at  which  the 
wires  shall  run,  having  first  given  such  company  or  its 
agents  opportunity  to  be  heard  in  regard  to  such  altera- 
tions. 

Si;o.  79.  Any  person  who  shall  wilfully  and  intention- 
ally injure,moIestordestroy  any  of  the  lines,  posts, piers, 
abutments  or  other  material  oi'  property  pertaining  to 
any  line  of  telegraph  erected  in  this  State,  shaP  bo 
deemed  guilty  of  a  misdemeanor,  and  shall,  upon  con- 
viction in  the  court  having  criminal  jurisdiction  in  ,  he 
prO|jer  county,  be  punished  by  line  not  exceeding  live 
hur.dred  dollais,  or  by  imprisonment  in  the  county  jail 
not  exceeding  one  year,  or  by  both  such  line  and  im- 
prisonment, at  the  disci etion  of  the  court  having  cogni- 
zance thereof. 


82 

Sec.  80.  Any  telegraph  company  now  organizecl,  ()r 
which  may  be  hereafter  organized, under  the  haws  ot  this 
State,  may,  at  any  reguhir  meeting  of  the  stocldiolders 
thereof, by  vote  of  persons  holding  a  majority  of  shares 
of  the  stock  of  such  company,  unite  or  consolidate  with 
any  other  company  or  comi)anie3  now  organized  or 
which  nuiy  hereafter  be  organized  under  the  laws  of  the 
United  States  or  of  any  State  or  territory,  by  consent  of 
the  company  with  which  it  nuiy  consolidate  or  unite,  and 
such  consolidated  company,  so  formed,  may  hold,  use, 
and  enjoy  all  the  nghts  and  privileges  conferred  by  the 
laws  of  Kansas  uu  companies  separately  organized  un- 
der the  provisions  of  this  act,  and  be  subject  to  the 
same  liabilities. 


anized,  or 
iws  of  this 
ckliolders 
of  shares 
date  witli 
;aniz"d  or 
iws  of  the 
consent  of 
unite,  and 
liold,  use, 
red  by  the 
inized  un- 
ect  to  the 


K  E  N  T  II  (J  K  Y  . 


GENERAL  STATUTES,  I'^ll. 


CHAPTER  20. 

CiaMKS   AND   PUXISIIMENTS. 


AUTICLE     XIV. 


runLic   WORKS. 


If  any  person  sliall  wilfully  and  maliciously  injure, 
obstruct,  or  destroy  a  telegraph  line,  post,  or  pier,  or 
the  materials  or  property  belonging  to  or  attached  to  a 
telegraph,  he  shall  be  confined  in  the  penitentiary  not 
less  than  two  nor  more  than  ten  y(>ars. 

If  any  agent,  officer,  or  manager  of  a  telegraph  line 
in  this  State,  or  other  persons,  knowingly  transmit,  on 
or  through  the  same,  any  false  communication  or  intel- 
ligence, with  intention  to  injure  any  one,  or  to  speculate 
on  any  article  of  merchandise,  commerce,  trade,  or  with 
intent  that  another  may  do  so  ;  or  if  any  agent,  officer, 
or  manager  of  a  telegraph  line,  from  corru])tor  improper 
motives  or  wilful  negligence,  shall  withhold  the  trans- 
mission or  delivery  of  messages  or  intelligence  for 
which  the  customary  charges  have  been  paid  or  ten- 
dered, he  shall  be  fined  not  less  than  ten  dollars  nor 
more  than  five  hundred  dollars. 


SEC.  9. 
Injuring     nny 

t  ol  e  B  r  a  p  li 

lines. 


Sko.  10. 

Transniittinp; 
any  fal.se) 
communica- 
tions by  telo- 
Kraph. 


W  i  til  hoi  (ling 
tranMniis.sion 
or  (li'livery  of 
messages. 


84 
KENTUCKY. 


CHAPTER  92. 
Revenue  and  Taxation. 


Article  XII. 

RAILROADS,     TURNPIKE     K0AD8     AND     OTHER     CORPORA- 
TIONS'    TAXES. 

SEc.c.  It  shall  be  the  duty  of  the  president,  treasurer,  secre- 

Tc>iegraphoom-  ^  ^^.  ^jiuaf-er  of  auy  telegraph  company  or  associa- 
rc:«r tion' working,  operating  or  controlling  any  telegraph 
""'*■  line  in  this  State,  to  report,  under  oath,  to  the  auditor 

of  public  accounts,  on  or  before  the  lOtli  day  of  July, 
every  yeai",  a  full  and  complete  statement  of  each  line,-. 
and  the  whole  number  of  miles  of  wire  worke^l,  or  under 
their  control  and  management  in  this  3tai^>  and  shall 
also  pay  into  the  treasury,  on  or  before  the  10th  day  of 
October  of  each  year,  a  tax  equal  to  tifty  cents  on  eaca 
mile  of  wire. 
8KC  7  Any   president,  treasurer,  secretary,  mi.yor,  agent,  or 

Penalty  on  offl-ot|jei.  person  failing  or  refusing  to  comply    with  any  of 
priefXtlie  provisions  of  this  article,  sha'    Le  lim  d  a  sum   not 
fail  to  com-|pgjj    ^]i^„    two    huudred   nor    more    tJ-tm    hve    liun- 
SvSrrrdred  dollars,  to  V-.   .  .covered  by  motion  in  the  Franklin 
this  article,    cii-cr't  Coui't  :  btU  T  IS  article  shall  not  apply  to  any 
property  or  ccwivnu'ioix  specifically  exempt  from  taxa- 
tion, 
grc  8  That  the  individual  stockholders  of  companies  which 

indiyiduaijji.e  by  this  article  required  to  report  and  pay  tax  upon 
:to""^t''tahe  value  of  their  property,  shall  not  be  required  to  list 
i„-  listea  for^ij^jj.  yiiiires  in  such  companies  for  taxation, 
taxation.  ^^         ^^  ^^^^  ^^^^^^  nieutioiied  in   this  article  sliall 

Mabiiities  of  f,ui  or  refuse  to  report  to  the  auditor  of  public  accounts 
^^Z  Te-as  therein  required,  such  ohicer  shall  b^.  liable  to  a  hne 
prrt  to  audi-  of  one  thousand  dollars  for  each  month  he  may  so  fail  to 
*"'*  report   which  tine  or  fines  may  be  recoverable  upon  mo- 

tion in  the  name  of  the  Commonwealth  in  the  Franklin 


CORPOUA- 


•er,  secre- 
•  asrtocia- 
telegrapli 
e  auditor 
'  of  July, 
each  line,. 
,  or  under 
and  shall 
ill  day  of 
;s  on  each 


85 

Circuit  Court  ;  and  any  execution  which  may  issue  up- 
on any  judgment  rendered  upon  such  motion  maybe 
levied  on  the  property  of  any  corporation  in  whose  em- 
ployment sucii  officer  may  be;  but  before  any  such 
judgment  shall  be  rendered,  said  officer  shall  have  at 
least  twenty  days'  notice  of  the  nu>tion. 

Ail  money  paid   into   the  treasury  under  this  article  sixmo. 
shall  be  for  the  ordinary  expenses  of  the  government.     "«^^;'°"*  r""°''' 

The  10th  day  of  January  of  each   year  shall  be  tliesw. ii. 
time  to  which  all  reports  required  by   this  article  shall '^"  /''P"'"f'  '° 

,  X  1  J  refer  to  Jttiiu- 

refer,  unless  otherwise  provided.  aryioui. 


,  agent,  or 
th  any  of 
sum  not 
five  hun- 
I  Franklin 
ily  to  any 
from  taxa- 

lies  which 

tax  upon 

ired  to  list 


•tide  sliall 
ic  accounts 
e  to  a  tine 
y  so  fail  to 
i  upon  mo- 
e  Franklin 


8r. 


LAWS  OF  LOUISIANA. 


VOORIIIES  REVISED  STATUTES,  1870. 


(Pages  902,  908.) 


Seo.  ;WG().  Corporations  formed  iindpr  tlie  laws  of 
this  State  for  the  pin  pose  of  transniitliiif"- intelligence  by 
magnetic  telegraph  shall  have  the  right  of  way  over  all 
lands  owned  by  the  State,  and  over  a'. y  highways  or 
navigable  waters,  but  shall  so  construct  their  works  as 
not  to  interfere  with,  im]iede  or  hinder  the  free  use  of 
the  highways  or  navigable  waters,  or  the  drainaj:;e  or 
natural  servitudes  of  the  land  over  which  the  riglit  of" 
way  may  be  exercised. 

Sec.  8701.  All  telegraph  companies  shall  be  bound, 
onapplicationof  any  officer  of  this  State  or  of  the  United 
States,in  the  event  of  any  war,  insurrection  or  resistance 
of  public  authority, or  whenever  it  may  ])e  necessary  for 
the  prevention  of  crime,  or  the  arrest  of  persons  accused 
of  crime  or  Meeing  from  justice, to  give  their  communica- 
tions immediate  dispatcii,  and  if  any  officer,  clerk  or 
operator  shall  refuse  or  "intentionally  (miit  to  transmit 
such  communication  or  shili  designedly  alter  or  falsify 
the  same  for  any  purpose  whatever,  he  shall  be  deemed 
guilty  of  a  nnsdemeanor,  and  upon  conviction  thereof, 
shalfbe  fined  not  exceeding  one  thousaml  dollars,  and 
imprisoned  not  longer  than  one  year.  It  shall  fnrther 
be  their  dut;-  to  transmit  all  communications  which  are 
not  immoral  or  contrary  to  law  or  public  policy  that 
are  i)resented  by  persons  offering  to  pay  the  usual 
rates  therefor,  and  in  the  order  in  which  the  applications 
uro  made. 

Six.  8702.  Whoever  shall  unlawfully  and  intention- 
ally injure,  nujlest  ov  destroy  any  line  of  telegraph,  the 
lin 's,  posts,  abutments,  materials  or  proi)erty  belonging 


?G. 


!  laws  of 
<i;ence  by 
-^  over  all 
iways  or 
rt'orks  as 
ee  use  of 
iinaj:;e  or 
!  right  of 

e  bound, 
lie  United 
esistance 
essjiry  for 
s  accused 
ninunica- 
,  clerk  or 
I  transmit 
)r  falsify 
e  deemed 
1  thereof, 
liars,  and 
1  further 
which  are 
olicv  that 
he  usual 
plications 

intentioii- 
jrayh,  the 
belonging 


thereto  ;  or  who  shall  molest  or  interfere  with,  or  in  any 
way  interrupt  the  use  or  ()i)eration  of  any  line  of  tele- 
graph, or  part  thereof,  shall,  on  convi<;ti()n,  be  punished 
by  fine  not  exceeding  five  hundred  dolhirs,  or  irjiprisoned 
in  the  penitentiary  not  excetnling  one  year,  or  both,  at 
the  discretion  of  the  Court. 

Skc.  87fl;{.  Any  operator,  clerk,  director,  messenger, 
or  other  person  in  the  employ  of  any  teh'graph  company, 
having  an  office  or  station  in  this  State,  who  shall  refuse 
or  omit  to  send  or  deliver  any  dispatch  or  message  on 
whicli  the  charges  or  fees  shall  have  been  paid,  or  of- 
fered to  be  i)aid,  or  for  the  payment  of  which  a  contract 
shall  have  been  made  ;  or  cause  or  direct  to  be  detained 
or  delayed  such  dispatch  or  message,  in  order  to  give 
precedence  to  a  message  or  dispatch  subseqnejitly 
brought  to  the  office  or  station  ;  or  who  shall  in  any 
way  give  precedence  of  time  in  sending  or  delivering  any 
dispatch  or  message  belonging  to  a  director,  officer, 
stockholder  of  such  company  or  other  person,  over  any 
dispatch  or  message  previously  offend  for  transmission; 
or  who  shall  leveal,  make  use  of,  or  make  public  any 
dispatch  or  message,  previously  offered  for  transmission; 
or  who  shall  reveal,  make  use  of,  or  make  public  any 
dispatch  or  message,  shall,  on  conviction,  be  fiued  not 
less  than  fifty,  nor  more  than  one  thousand  dollars,  one- 
half  to  the  Charity  Hospital  of  New  Orleans,  and  the 
other  half  for  the  use  of  the  parish  in  which  thn  offence 
is  committed,  and  shall  be  answerable  in  damages  to  the 
pai-ty  injured.  For  any  subsequent  offence,  tlie  per- 
son so  offending  shall  also  be  subject  to  imprisonment 
in  the  parish  prison  for  a  period  not  more  tlian  three 
months. 

Sko.  3704.  No  operator  or  agent  of  any  telegraph 
company  shall  be  permitted  to  transmit  any  message 
which  can  in  any  way  tend  to  defeat  the  ends  of  justice, 
by  pieventing  the  apprehension  of  fugitives  from  justice 
or  by  communicating  such  information  as  may  enable 
persons  charged  with  offences  to  escape.  Any  person  so 
offending  shall   be   imprisoued  not    less   than    twelve 


8S 

montliH,  nor  more  tlian  two  yi'iirs  at  IkumI  labor,  and  lined 
not  less  than  two  hundrf(l  and  lit'ty  dollars  nor  more 
than  five  hundred  dollars. 


LOUISIANA. 


ACTS  OF  1880. 


No.  124,  An  Act  .to  re  enaet  section  six  hundred  and 
ninety-six  ol"  the  Kevised  Statutes  of  the  State  oi 
Louisiana,  relative  to  telegra])h  companies. 

skc.  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of  . 

Louisiana,  that  section  six  hundred  and  ninety-six  of 
the  Revised  Statutes  of  the  State,  as  now  in  force,  be 
and  the  same  is  hereby  amended  and  re-enacted  so  as  to 
read  as  follows : 

Kigiit  of  way     SECTION  690.  Corporations  chartered  or  formed  under 
s'^'^'"'"/','^- the  Laws  of  this  or  of  any  other  State,  or  under  the 

urapn,  tele-  '      „  i  e   j. 

phone  orLawsof  the  United  States,  for  the  purpose  ot  trans- 
pl'n'LfoX "lit ting  intelligence  by  nuiKnetic  telegraph  or  telephone, 
transmission  or  otlicr  system  of  transmitting  intelligence  or  the 
°''""-""'^'°'%quivalent  thereof  which  may  be  hereafter  invented  or 
discovered,  may  construct  and  maintain  such  telegraph, 
telephone  or  other  lines  necessary  to  tiansmit  intelli- 
gence along  all  State,  parish  or  public  roads,  or  public 
works,  and  along  and  parallel  to  any  of  the  railroads  in 
this  State,  and  along  and  over  the  waters  of  this  State  ; 
provided,  that  the  ordinary  use  of  such  roads,  works, 
railroads  and  waters  be  not  thereby  obstructed,  and 
along  the  streets  of  any  city,  with  the  consent  of  the 
council  or  trustees  thereof,  and  such  companies  shall  be 
entitled  to  the  right  of  way  over  all  lands  belonging  to 
the  State,  and  over  the  lands,  privileges  and  servitudes 
of  other  persons  and  corporations,  and  the  right  to 
erect  poles,  piers,  abutments  and  other  works  necessary 


80 


111(1  liiu'd 


livd  and 
State  of 

3  State  of  . 
ty-six  of 
force,  be 
1  so  as  to 

ed  under 
ndei-  the 
of  trans- 
:'leplione, 
}  or  the 
,ented  or 
ek^graph, 
it  intelli- 
or  public 
Uroads  in 
liis  State  ; 
Is,  worlds, 
loted,  and 
nt  of  the 
s  shall  be 
onging  to 
servitudes 
right  to 
necessary 


for  oonstrucling,  working,  operating  and  maintaining 
their  lines  and  works,  up<»n  making  just  compensation 
therefor.  That  in  the  event  such  company  shall  fail,  on 
ai)plicali()n  therefor  to  secure  such  right  by  consent, 
contract  or  agreement,  u])on  just  and  reasonable  terms, 
then  such  companies  or  corporations  should  have  the 
right  to  i)roceed  to  exproi)riate  the  same,  as  provided  in 
and  l)y  the  laws  of  the  State,  relative  to  expropriation 
of  lands  for  railroads  and  other  works  of  public  utility, 
and  shall  so  construct  their  works  as  not  to  impede  or 
obstruct  the  fnll  use  of  the  liighway.s,  navigable  waters 
or  the  drainage  or  natural  servitudes  of  the  lands  over 
which  the  right  of  way  may  be  exeicised.  J?ut  no  com- 
pany operating  under  the  provisions  of  this  act,  shall 
liave  the  power  to  contract  with  the  owners  of  land  or 
with  any  other  coi-poration  for  the  right  to  erect  and 
maintain  any  telephone,  telegraph  or  other  line  for  the 
speedy  transmission  of  intelligence  over  his  or  its  lands, 
privileges  or  servitudes,  to  the  exclusion  of  the  lines  of 
other  companies  opeiating  under  the  provisions  of  this 
act. 

Be  it  further  enacted,  etc.,  that  this  act  shall   be   in  six.  a. 
force  from  the  date  of  its  passage  and  i)romulgation. 
Ap[)roved  April  10,  1880. 


m 


LAWH  OF  MA  INK. 


REVl^IU)  STATUTES. 


Skction  1.  A  porson  or  company  ownini?:  or  usini^  a 
line  of  ft'lt'f,niii)li,  wholly  or  pnrt,  in  this  Stale,  for  any 
error  or  unn('(!essaiy  delay  in  writing  ctit,  Iransmittinjj; 
or  (lelivt'ring  a   dispatoli   within    their  delivery  limits, 
making'  it  less  valuable  to  the  jjerson  intei-ested  thei-ein, 
shall   1)H  liable  for  the  whole  amount  i^aid  on  such  dis- 
patch,and  they  shall  transmit  all  dispatches  in  Iheorder 
tljey  are  received,  under  a  i)enalty  of  one  hundred  dol- 
lars, to  be  recovered,  with  costs   l)y  the  person  whose 
dispatch  is  wilfully  postponed,  and  if  any  operator  or 
agent  designedly  falsifies  any  di^spatch,  he  shall  forfeit 
not  less  than  twenty  or  more  than  one  hundred  dollars, 
to  be  recovered  in  an  action  of  debt,  and  in  case  of  liis 
avoidance  or  inability  to  pay  such  judgment  such  jierson 
or  company  shall  forfeit  a  like  sum, and  if  such  operator 
or  agent  wilfully  divulges  any  part  of  the  contends  of  a 
])rivafedisi)atch  intrusted  to  him  for  transmission  or  de- 
livery he  shall  be  punished  by  a  line  not  exceeding  one 
hundred  dollars,  or  by  imprisonment   in  the  county  jail 
not  more  than  three  months. 

Skction  2.  Nothing  herein  shall  exonerate  any 
operator,  agent,clerk  or  other  officer  employed  on  a  tele- 
graph line  from  liability  forany  act  of  fiaud  committed 
or  attempted  by  means  of  telegraphic  communication, 
or  the  company  from  any  liabilities  existing  at  (common 
law  for  any  neglect  or  wrong  doing  of  such  company  or 
its  agents. 

Skctiox  3.  A  person  desiring  to  disconnect  or  re- 
move the  wires  of  a  telegraph  company,  to  move  a  build- 
ing or  for  any  other  purpose,  shall  leave  a  written  state- 
ment of  the  time  and  place  at  their  office,  if  they  have 
any  in  that  town,  twenty-four    hours    before  the  time 


m 

fixed,  if  not,  lu'  hIiiiU  send  it  by  mail  po.stjwiid  to  their 
lu^iircst  ott'u'i'  tlirt'o  (lav.s  ht'forf  tin'  tim*',  and  wlioc'tT 
discoiitif'ctis  (»r  icni<iv«'s  siicli  wires  willioiit  lirst  giving 
sucli  notice,  sliall  be  i>miislied  by  line,  not  exceeding;; 
live  iiundred  dollars,  or  by  iinpriisontnent,  not  more  tlian 
tliree  years. 

Si:<  I'luN  4.  Wlier.  a  tele<!;r;ijtli  eonipjiny  is  !Mif1ior- 
ized  III  locjite  its  line  over  the  lands  of  an  individuid  or 
coriioration  and  the  j):ii1iesciiiinot  iifjiee  on  the  dani;i<;es 
OCf!as''  d  tliereby.  they  shall  be  eslitn:ited,se(Mired  and 
.  .r,  the  manner  jn'ovided  in  case  of  hind  inkcn  for 
lailroads. 


MAINE. 


A OTS  AND  R E.SO L  VES'  OF  1  SS( ). 


('IIAPTI<:il  i>40. 


An  Act  for  the  Tjixati(»n  ()f  Tele-^raph  Comi)anies. 

Be  it  enacted  by  the  Senate  and    House  of   lle^iresen- 
tatives  in  Jjegislatme  iissend)led,as  follows  : 

That  every  tele<iraiih  cori)or!ition   <'oni])any  or  person  sk.,-.  i. 
doin"'  business  within  the  limits  of   this  State,  shall  an- "'"'•''■«'■"»•''«'■" 

!•  1  panieH  to  |)uy 

iniall}'  pay  into  the  State  Irensury  a  tax  ol  two  and  one-  annual  tax. 
lialf  per  centnm  on  the  value  of  any  tele<^iiiph  line 
owned  by  said  corporation,  company  or  ])eison  within 
the  limits  of  this  State,  including  all  poles,  wires,  insul- 
ators, office  furniture,batteries  and  instruments,  andany 
circnmstances  or  conditions  which  affect  the  value  of 
the  pioperty. 

Every  such  corporation,  c()mi)any  or  person,  shall  an- skc  rj. 
nually,  on  or  befoie   the  Hfteenth   day  of   April,  I'etnrn"';!;^;;,^';^;;^ 
to  the  Secretary  of  State  under  the  oath  of   its  Superin-    secretary  of 
tendent,  the  amount  atid  value  of  all   the  pioperty  enu-    '^'^'*' 


02 


nierated  in  Rficticii  one,  owned  by  it  witliiii  tlic  limit 
nl'oreHaid,  to^^Htlier  with  ilie  naiiu's  and  ivjiidencfH  of  all 
siiareiiolders  living  in  this  State,  and  the  nnniber  of 
shares  owned  hy  each,<»n  the  first  day  of  April  annually, 
and  the  (Jovernor  and  counsel  shall  deteriniiit!  said 
values  and  assess  said  tax  thertfon,  on  or  before  tlu< 
tirst  day  of  May  annually.  The  Secretary  of  State  shall 
thereui)on  certify  said  assessment  to  the  State  Treasurer, 
who  shall  forthwith  notify  the  several  parlies  assessed 
thereof.  Said  tax  shall  be  [»aid  into  the  treasury  on  or 
bef  )re  the  first  day  of  Sei)tenii)er  anniuilly,  and  shall  be 
it!  lieu  of  all  State  or  municipal  taxation  on  any  prop- 
erty or  shares  of  all  State  or  muni(;ipal  taxation,  or  any 
of  the  ])roperty  or  shares  of  said  corporations,  com- 
panies or  persons. 

If  any  corporation,  company  or  person  aforesaid, fails, 

^ci^sTlTfai"  ^^*  "lidie  the  return  herein  provided,  the  Governor  and 
un-  to  make  counsel  sluill  jjroceed  to  make  said  assessment  on  such 
valuation  as  they  thiidi  just,  with  such  evidence  as  they 
are  able  to  obtain,  and  such  assessment  shall  be  tinal. 
And  if  any  such  corporation,  company  or  i)erson  fails 
to  pay  the  tax  required  by  this  act  the  State  Treasurer 
may  forthwith  commence  an  action  of  contract  in  the 
name  of  the  State,  for  the  recovery  of  the  same  with  in- 
teres  t. 

When   such   tax  is  paid,  it  sluill  be   the  duty  of  the 

AdjuHiment  of  gj.j^j.g  Treasurer  to  credit  to  each   town  such  proportion 

tax     when  ^       * 

paid.  of  the  tax  of  each  company,  as  the  number  of  shares  in 

said  conii)any  owned  in  said   town,  bears   to  the  whole 

number  of  said  company's  shares  owned  in  the  State, 

remainder  to  be  retained  for  the  use  of  the  State. 

sko.6.  All  acts  and  parts  of  acts  inconsistent   herewith  are 

Inconsistent  iiereby  repealed,  and  this  act  shall  take  effect  when  ap- 

aotrt  rupealed  ,  •*■ 


8kc.  8. 


returns  and  , 
pay  tax. 


ReC.  4. 


proved. 
Approved  March  19,  1880. 


jfif- 


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iiiiH'  said 
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itiite  shall 
'reasiuvr, 

*  aH.St'S8t'(l 

ury  on  or 
I  shall  be 
my  prop- 
Ill,  or  any 
ons,  com- 

'said,  falls 
iriior  and 
t  on  such 
'H  as  they 
1  be  tinal. 
rson  fails 
Frea surer 
act  in  the 
e  with  in- 

ty  of  the 
roportion 
shares  in 
the  whole 
the  State, 
ite. 

ewith  are 
when  ap- 


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(716)  872-4503 


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08 
MAINE. 


Acts  and  Rksolves  of  the  State  of  Maine,  1883. 


CHAPTER  213. 


An  Act  for  the  Taxation  of  Telephone  Companies. 

Be  it  enacted  by  the   Senate  and  Ilonse  of  Repre- 
sentatives in  Legislature  assembled,  as  follows  : 

Section  1.  Every  telephone  corporation,   company,  Teie,,ho,.., 
or  perscm  doing  business  within  the  limits  ot  tins  htate,    ,,„y  „,„„„^, 
shall  annually  nay  into  the  State  treasury,  a  tax  of  two   tax. 
and   one-half  per  cent,  on  the  value  of  any  telephone 
line  owned  by  said  corporation,  company  or  person, 
within  the  limits  of  this  State,  including  all  poles,  wires, 
insulators,     transmitters,    telephones,    batteries,    tele- 
phone apparatus,  office    furniture,   and    any  circum- 
stances or  condition  which  affect  the  value  of  the  prop- 
erty. 

Skc.  2.  Every  such  corporation,  company  or  person,  iMums  to  h.- 
shall  annually  on  or  before  the  fifteenth   day  of  April,    "7tar'yTt 
return  to  the  Secretary  of  Slate  under  oath  of  its  super-    state. 
intendent,  the  amount  and  value  of  all   the   property 
enumerated  in  section  one,  owned  by  it  within  tlie  limits 
aforesaid,  on   the  first  day  of  April  annually,  and  the 
Governor  and  Council  shall  determine  said  values,  and 
assess  said  tax  tiiereon,  on  or  before   the  first  day  of 
May   annually.     The  Secretary  of  State  shall  thereujum  secrotary 
certify   said  assessment    to   the   State  Treasurer,    who   °;^;;;;^^;/^^ 
shall    forthwith    notify    the    several    parties    assessed   Treasurer  of 
thereof.     Said  tax  shall  be  paid  into  the  treasury  on  or  ^»^^-^^  ^^ 
before  the  first  day  of   September,  annually,  and  shall    ,„!,,,, 
be  in   lieu  of  all   State  or  municipal  taxation  on  any 
property  or  shares  of  said  corporations,  companies  or 
person. 
Sec.  3.  Any  corporation,  company  or  person  neglect-  proceedings  m 


94 

caBcof failure  ing  to  make  the  returns  required  by  tliis  act,  sliall  for- 

t<i  make  re-..,.  ,       i>  iii  i  "  i»  i<. 

turn  and  pay  feif  twentv-five  clollars  per  (lay  lor  every  day  s  neglect 
'"»*•  so  to  do,  to   be  recovered   by  an  action  of  debt,  in   the 

name  of  tlie  State  ;  and  the  Governor  and  Council  shall 
proceed  to  make  said  assessment  on  such  valuation  as 
they  think  just,  with  such  evidence  as  they  may  be  able 
to  obtain,  and  such  assessment  shall  be  linal.  And  if 
ixuy  corporation,  com])any  or  person,  fails  to  pay  the 
tax  required  by  this  act,  the  State  Treasurer  may  forth- 
with commence  an  action  of  debt,  in  the  name  of  the 
State,  for  the  recovery  of  the  same  with  interest. 
Skc.  4.  Tills  act  shall  take  effect  when  approved. 
Approved  March  14.  1883. 


MAINE. 


ACTS  AND  REHOLYES,  1883. 


CHAPTER  232. 

An  Act  to  amend  Section  G5  of  th^  Public  Laws  of  187(5, 
relating  to  Telegraph  and  Telephone  Companies. 

Be  it  enacted  by  the  Senate  and  the  House  of  Repre- 
sentatives in  Legislature  assembled,  as  follows  : 
si.:<M.ch.c5.       Section   one  of   chapter  Oi"),  of  the  Public   Laws  of 
Public  Lawsj,jg]ifj,gn  hundred  and  seventy-six  is  hereby  amended  by 
.kci.*"""'"'  striking  out  from   the  second  line  thereof,  the  words, 
"  within  tins  State." 
Skc. 3.  Sectlou  oue  of  chapter  sixty-live  of  the  Public  Laws 

Further  anuu- of  eighteen  hundred  and  seventy-six,  is  hereby  amended 
''*''*■  by  inserting  therein,  in  the  seventh  line  of  the  said  sec- 

tion, between   the    word    "telegraph"    and   the    word 
"companies,"  the  word  "telephone." 

Approved  March  14,  1883. 


, 


1)5 


sliall  for- 
''s  neglect 
bt,  in  the 
incil  shall 
luation  as 
:iy  be  able 
/  And  if 
i  pay  the 
nay  i'orth- 
ne  of   the 

St. 

oved. 


LAWS  OF  MASSACHT  SETTS. 


A's  of  187(5, 
paiiies. 

of  Repre- 
h  : 

!  Laws  cf 
nended  by 
he  words, 

iblic  Laws 
y  amended 
e  said  see- 
the   word 


STATUTES  OF  1800. 
CHAPTER  LXIV. 

RKLATINd   TO   TkLKOUAPII   CoMPANIKS. 

SrcTioN  1.  Every  company  incorporated  for  the 
transmission  of  intelligence  by  electricity  shall  possess 
the  powers  and  privileges,  and  be  subject  to  the  duties, 
restrictions  and  liabilities  prescribed  in  this  chapter. 

Skction  2.  Each  company  may,  under  the  provisions 
of  the  following  section,  construct  lines  of  electric  tele- 
graph upon  and  along  the  highways  and  public  roads, 
and  across  any  waters  in  the  State,  by  the  erection  of  the 
posts,  piers,  abutments  and  other  fixtures  (except  brid- 
ges), necessary  to  sustain  the  wires  of  its  lines ;  but 
shall  not  incommode  the  public  use  of  higliways  or 
public  roads  ;  nor  endanger  or  interrupt  the  navigation 
of  any  waters. 

Section  3.  The  Mayor  and  Aldermen  or  Selectmen  of 
any  place  through  which  the  lines  of  a  company  an.  to 
pass  shall  give  the  company  a  writing  specifying  where 
the  posts  may  be  located,  the  kind  of  posts,  and  the 
height  at  which  and  the  pUuies  where  the  wires  may  be 
run"!  After  the  erection  of  the  lines,  having  first  given 
the  company  or  its  agents  an  opportunity  to  be  heard, 
they  may  direct  any  alteration  in  the  location  or  erec- 
tion of  posts,  piers  or  abutments  and  in  the  height  of 
wires.  Such  specifications  and  decisions  shall  be  re- 
corded in  the  records  of  the  city  or  town. 

Section  4.  An  owner  of  land  near  to  or  adjoining  a 
highway  or  road  along  which  lines  are  constructed  by 


\ 


I 


the  compiiny,  who  considers  himself  injurerl  thereby, 
may  witliiri  three  nioiitlis  after  siicli  construction  apply 
to  the  Mayor  and  Aldermen  or  Selectmen  to  asses^s  and 
appraise  his  damage.  Before  entering  ni)on  the  service 
they  shall  severally  be  sworn  faithfully  and  impartially 
to  perform  the  duties  required  of  them  by  this  chapter. 
They  shall  on  view  make  a  just  appraisal,  in  writing,  of 
the  loss  or  damage,  if  any,  to  the  applicant,  sign  dupli- 
cates thereof,  and  on  demand  deliver  one  copy  to  the 
applicant  and  the  other  to  the  company  or  its  agent.  If 
damages  are  assessed  the  company  shall  pay  the  same 
with  the  costs  of  the  appraisers.  If  the  appraisers  award 
that  the  applicant  has  suffered  no  damage,  he  shall  pay 
the  costs  of  the  appraisers. 

Skction  5.  The  Mayor  and  Aldermen  and  Selectmen 
shall  each  receive  for  services  performed  under  this 
chapter  two  dollars  a  day. 

Skction  0.  Any  person  aggrieved  by  the  assessment 
of  his  damages  may  have  the  matter  determined  by  a 
jury,  and  the  proceedings  shall  be  according  to  the  pro- 
visions of  section  seventy-three  of  chapter  forty-three 
concerning  town  ways  and  private  ways.  If  the  jury 
increase  the  damages  the  same  and  all  charges  shall  be 
paid  by  the  company,  otherwise  the  charges  shall  be 
])aid  by  the  api)lL'ant. 

Skction  7.  A  company  shall  not  commence  the  con- 
struction of  its  lines  until  three-fourths  of  the  capital 
stock  has  been  unconditionally  subscribed  for,  and  the 
directors  shall  within  ten  days  of  commencing  said  line 
file  in  the  office  of  the  Secretary  of  the  Cotnmonwealth 
ji  sworn  statement  of  the  subscription. 

Skction  8.  A  company  shall  not  at  any  time  con- 
tract or  owe  debts  to  a  larger  amount  than  one-half  part 
of  its  capital  stock  actually  paid  in. 

Section  9.  The  President  and  Tieasurer  of  each  com- 
pany shall  be  jointly  and  severally  liable  for  all  its  in- 
debtedness in  case  of  wilful  neglect  or  omission  on  their 


97 


thereby, 
ion  apply 
ssess  ami 
he  service 
M  partially 
s  chapter, 
vriting,  of 
ign  dupli- 
[>y  to  the 
agent.    If 

tlie  same 
ers  award 
shall  pay 

■selectmen 
nder   this 

ssesstnent 
led  by  a 
o  tile  pro- 
)rty- three 

the  jury 
s  shall  be 

shall  be 

•  the  con- 
e  capital 
',  and  the 
said  line 
on  wealth 


inie  con- 
half  part 

ach  com- 

II  its  in- 

on  their 


part  to  comply  with  any  of  the  i)roviHi(ms  of  this  chap- 
ter. 

Section  10.  Every  company  shall  receive  from  and 
for  other  telegiai)h  lines,  companies,  and  associations, 
and  from  and  for  any  p(>rsons  ;  and  on  payment  of  the 
nsual  charges  for  transmitting  dispatches  according  to 
the  regulations  of  the  comi)any,  shall  transmit  the  same 
faithfully  and  impartially.  For  ev»'ry  wilful  neglect  or 
refusal  so  to  do  the  company  shall  forfeit  a  sum  not  ex- 
ceeding (jne  hundred  dollars,  to  be  recovered  in  an 
action  of  tort  by  the  person,  association  or  company 
sending  or  desiring  to  send  the  dispatch. 

Suction  11.  W'nen  an  injury  is  done  to  a  person,  or 
to  property,  by  the  posts,  wires,  or  other  apparatus*  of 
a  telegraph  line,  the  company  shall  be  responsible  in 
damages  to  the  party  injured.  If  the  same  are  erected 
on  a  highway  or  a  town  way,  the  city  or  town  shall  not, 
by  reason  of  anything  contained  in  this  chapter,  or  done 
thereunder,  be  discharged  fiom  its  liability,  but  all  dam- 
ages and  costs  recorded  against  a  city  or  town  on  ac- 
count of  such  injury  shall  be  reimbursed  by  the  com- 
pany owning  the  posts,  wires,  or  other  apparatus. 

Section  12.  Every  Telegraph  Company  shall  annually 
on  or  before  the  fifteenth  day  of  October  make  returns 
to  the  Secretary  of  the  Commonwealth  according  to 
forms  to  be  furnished  on  application  to  him,  specifying 
therein  the  location  and  line  of  telegraph,  its  name, 
capital  actually  paid  in  and  how  invested,  anniuil  re- 
ceipts, expenditures,  real  estate  and  its  value,  cash  on 
hand,  credits  on  book  account  and  the  amount  of  its  in- 
debtedness, which  return  shall  be  signed  by  the  Presi- 
dent, Clerk  and  Treasurer  of  the  company  and  by  them 
be  sworn  to  be  true  according  to  the  best  of  their  knowl- 
edge  and  belief. 

Section  13.  Owners  and  associations  engaged  in  the 
business  of  telegraphing  for  the  public  by  electricity, 
although  not  incorporated,  shall  be  subject  to  the  lia- 


98 

bililies  and  governed  l)y  tlie  provisions  of  this  chai)ter 
in  the  same  manner  as  corporations. 

Sk<!TI0n  14.  No  enjoyment  by  a  person  or  corporation 
for  any  length  of  time  of  tlie  privilege  of  having  or  main- 
taining telegraph  posts,  wires  or  ai)i)aratus  in,  ujjon  or 
over,  or  attached  to,  any  bnildings  or  lands  of  other 
persons,  shall  give  a  legal  right  to  continued  enjoyment 
of  such  easement,  or  raise  any  presumption  of  a  grant 
thereof. 

Section  If).  Whoever  unlawfully  and  intentionally 
molests,  or  destroys  any  of  Ihe  lines,  wires,  posts,  piers 
or  abutments,  or  any  of  the  materials  or  property,  of 
any  company,  owner  or  association,  shall  be  punished 
by  line  not  exceeding  live  hundred  dollars,  or  imi)rison- 
ment  not  exceeding  two  years,  or  both. 


MASSACHUSETTS. 


PUBLIC  STA'j'UTES,  1882. 


1 


Taxation  of  Coupohations. 


Skc.  38. 

Home  corpora- 
tions orRan- 
ized  for  pur- 
poses of  busi- 
ness or  profit 
and  having  a 
capital  stock 
diviJed  into 
sliares  except 
hanks  anil  to 
return  an- 
nually to  tax 
coniniissidn- 
ers  names  of 
stockholders. 


CHAPTER  13. 

Every  corporation  chartered  by  ihe  Commonwealth, 
or  organized  under  the  general  laws  for  purposes  of 
business  or  profits,  having  a  capital  stock  divided  into 
shares,  excepting  banks  whose  shares  are  otherwise  tax- 
able under  this  chapter,  and  except  those  specified  in 
sections  43  and  40,  shall  annually,  between  the  first  and 
tenth  day  of  May,  return  to  the  tax  commissioner  under 
the  oath  of  its  treasurer,  a  complete  list  of  its  share- 
holders with  their  places  of  residence,  the  number  of 
shares  belonging   to  each  on  tin  first  day  of  May,  the 


i 


a  cliaj^ter 

>rporatl():i 
f^orniaiii- 
I,  upon  or 
of  otlier 
njoyment 
f  a  grant 

Mitionally 
)sts,  piers 
uperty,  of 
punislied 
iniprison- 


lon  weal  til, 
urposes  of 
vitled  into 
'rwise  tax- 
peciliecl  in 
e  first  and 
)ner  under 
f  its  share- 
lumber  of 
E  May,  the 


OK 

amount  of  the  capital  stock  of  the  coi-poration,  its  place 
of  business,  the  par  value  and  the  maiUet  value  of  the 
shares  on  said  iirst  day  of  May.  Sut^h  return  shall,  in 
the  case  of  stock  held  as  collateral  Mecurity,  state;  not 
only  the  name  of  the  person  holding  the  same,  but  also 
the  name  of  the  pledger  and  his  residence.  The  return 
shall  also  contain  a  statement  in  detail  of  the  works, 
structures,  real  estate,  and  nuichinery  owned  by  said 
corporation,  and  subject  to  local  taxation  within  tlie 
Commonwealth,  and  wf  the  location  and  value  thereof, 
llailroad  and  telegraph  companies  shall  return  the 
whoh^  length  of  their  lines,  as  is  without  the  Common- 
wealth ;  other  corporations  required  to  unxke  a  return 
under  this  section,  shall  also  return  the  amount,  value 
and  location  of  all  works,  stiuctiires  and  r(!al  estate, 
and  machinei'y  owned  by  them  and  subject  to  local  tax- 
ation without  the  Commonwealth,  provided  that  nothing 
herein  contained  shall  ex^'mpt  any  corporation  from 
making  all  returns  required  by  its  charter. 

The  tax  commissioners  shall  ascertain  from  the  re- skc.  39 
turns  or  otherwise,  the  true  market  value  of  the  shares 
of  each  corporation  included  in  the  provisions  of  the 
preceding  section,  and  shall  estimate  therefrom  the  fair 
cash  valuation  of  all  of  said  shares  constituting  its  cap- 
ital stock,  on  the  first  day  of  May  next  preceding, 
which  shall  be   taken  as  tlu;  true  value  of  its  (sorporate   "''ares  also 

-  ,  .         J.  ,  nil  value  111  rea 

franchise  for  the  purposes  of  this  chapter.  lie  shall  esiat.-. 
also  ascertain  and  determine  the  value  and  amount  of 
all  real  estate  and  machinery  owned  by  each  corpora- 
tion, and  subject  to  local  taxation,  and  of  the  deduc- 
tions provided  in  the  following  section,  and  for  this  pur- 
pose he  may  take  the  amount  or  value  at  which  such 
real  estate  and  machinery  are  assessed,  at  the  place 
where  the  same  are  located  as  the  true  amount  or 
value  ;  but  such  local  assessment  shall  not  be  conclusive 
of  the  true  amount  or  value  thereof. 

Every  corporation  endiraced  in  the  provisions  of  sec-SEc.  40. 
tion  38,  shall   annually   pay  a  tax  ui)on  its   corporate'^"""*"*''"''' 

.  1  •  1  n  °"  corporatt' 

franchise  at  a  valuation  thereof  equal   to  the  aggregate   franchise  to 


rax    ooramis- 

Hiunera  to  as- 
ccrtuin  mar- 
ket valiii'  of 
shares  a  n  <1 
esthnate  fair 
cash  valiia- 
tionof  all  tim 


I'M) 


be  pnid  iiy  valiic  of  tlie  sliiU'cs,  if s  cMpitMl  sf ocU,  as  (lettTniined  in 
uonr'"iureHie  iMect'diiiKseclioii,  n\'U-r  idmUIiio-  the  (hMlucliuiis  pro- 
ii«w  <i«tur- vided  for  in  fiilH  section,  al  :i  lati;  deteiniined  by  an 
ai^portionnienf  of  (lie  wliole  ain(»iinr  of  money  fob.; 
raised  by  taxation  upon  pioperty  in  tlie  Coninionwraltli 
during  tlie  same  cunent  year,  as  returned  by  llie  as- 
sessors of  tile  several  cities  and  towns  under  sei^lion 
eighty-six  of  diapter  11,  upon  tlie  aggregate  valuation 
of  all  the  cities  and  towns  for  the  preceding  year,  as  re- 
turned under  se(Uions  fil'ty-foiir  and  fifty-live  of  said 
chapter.  Provided,  that  in  case  tlie  return  from  any 
city  or  town  is  not  received,  i)rior  to  the  twentieth  day 
of  August,  the  amount  raised  by  taxation  in  said  city  or 
town  the  precetling  year,  as  certified  to  the  secretary  of 
the  ('ommonwealth,  may  be  adopted  for  the  purpose  of 
this  determination  ;  and  provided,  further,  that  the 
anionnl  of  tax  assessed  upon  polls  the  preceding  year, 
as  certified  to  the  secretary,  may  be  taken  as  the  amount 
of  poll  tax,  to  be  deducted  from  the  whole  amount  to  be 
raised  by  taxation,  for  the  ])uri)ose  of  asc«'rtaining  the 
amount  to  be  raised  by  tax:;tion  upon  property. 

From  the  valuation  ascertained  and  determined,  as 
aforesaid,  there  shall  be  deducted,  First,  in  case  of  lail- 
road  and  telegiaph  companies,  whos<^  lines  extend  be- 
yond the  limits  of  the  Commonwealth,  such  portion  of 
the  whole  valuation  of  their  capital  stock,  ascertained 
as  aforesaid,  as  is  proportional  to  the  length  of  that 
part  of  their  line  lying  without  the  Commonwealth  ; 
and  also,  an  amount  equal  to  the  value,  as  determined 
by  the  tax  commissioners,  of  their  real  estate  and  ma- 
chinery located,  and  subject  to  local  iaxation  within 
the  Commonwealth.  Second,  in  case  of  other  corpora- 
tions included  in  section  38  of  this  chapter,  an  amount 
equal  to  the  value,  as  determined  by  the  tax  commis- 
sioner, of  their  real  estate  and  machinery,  subject  to 
local  taxation  wherever  situated  ;  provided,  that  when- 
ever the  charter  of  a  corporation  provides  a  different 
method  of  ascertaining  the  valuation  of  its  corporate 
franchise   for   the   purposes   of   this  chapter,  the  same 


mined  in 
ions  pro- 
(1   by  iin 

I'y    to  bi! 

IlllWCUltll 

'  (he  iis- 
!•  section 
■ahiiition 
iir,  as  le- 
>  of  said 
rotn  any 
lietli  (lay 
(I  <Mty  or 
I'etaiy  of 
irpose  of 
tiiat  the 
n,«;-  year, 
^  anionnt 
nnt  to  be 
ning  tile 

[lined,  as 
le  of  rail- 
teiid    l)e- 
Dition  of 
•ertained 
of  tliat 
1  weal  til  ; 
termined 
and  nia- 
n  within 
corpora- 
amount 
coniniis- 
jbject  to 
it   wlien- 
difTereut 
;orporate 
the  same 


.shall    be  ascertained  in    the    nielhud   j.iovided  in  .such 
charter. 

In  case  the  value  of  the  real  estate  and  machinery, 
located  under  the  Commonwealth  of  any  corporation,  as 
determined  by  the  commissioner,  is  less  than  the  value 
as  determined  by  the  assessors  of  tlu'city  or  town  where 
such  real  esiat<' or  macliiii.-ry  is  taxable,  said  commis- 
sioner  shall  notify  the  coiporatioii  of  such  determina- 
tion, and  if  it  dors  not,  within  one  month  from  the  dale 
of  such  iiotic.',  make  application  to  said  assessors,  and 
does  not  in  case  of  the  refusal  of  said  assessois  to  grant 
an  abatement  forthwith,  prosecute  an  appeal  in  at-cord- 
ance  with  the  provisions  of  section  71  of  chapter  11,  and 
give  notice  thereof  to  the  tax  commissioner,  said  deter- 
mination shall  be  conclusive  upon  such  corporation. 
The  tax  commissioner  may  ajtpear  before  the  county 
commissioners,  and  be  hearo  upon  any  appeal  made  to 
them,  and  the  decision  of  the  county  commissioners 
shall  be  conclusive  as  to  the  value. 

Every  corporation  or  association  chartered  or  organ- 
ized elsewhere,  v>hich  owns  or  controls  and  uses  undei 
lease  or  othervvise,  a  line  of  telegraph  within  this  Com- 
monweal tli,  shall  make  all  the  returns  prescribed  in  sec- 
tion :3S,  to  be  ma(b!  by  telegraph  companies  within  the 
Commonwealth,  excepting  the  list  of  its  shareholders, 
and  shall  annually  pay  a  tax  at  the  same  rate,  and  to 
be  ascertained  and  determined  in  the  same  manner  as  is 
provided  in  section  40  ;  and  all  telegraph  lines  within 
the  Commonwealth,  controlled  and  used  by  such  cor- 
lioration  or  association,  shall,  for  the  purposes  of  this 
chapter,  be  taken  and  considered  as  part  of  its  own 
lines. 

Every  corporation  formed  under  the  general  laws  of 
the  Commonwealth  to  construct  railroads,  or  railroads 
and  telegraphs  in  foreign  countries,  shall,  for  purposes 
of  taxation,  be  subject  to  the  provisions  of  section  43  ; 
but  no  other  provision  of  this  chapter,  relating  to  the 
assessment  of  taxes  upon  corporations  or  the  sharehold- 
ers therein,  shall  apx)ly   thereto.     Every  such  corpora- 


Skc.  41 

ItiPiiieily  of  cor- 
|i  (I  r  A  t  i  n  n 
w  li  I'  It  tax 
c-ii  iiiiiiImhIoii- 
rr  llxivt  nilMti 
of  rcali-Jtilto, 
eU: ,  IcHs  tliiin 

till'    UHKI'HBDI'H 

do. 
( 'ommirisloii  e  p 
may  apiM^ar 
aiiJ  III-  liiMril 
ill  caaouf  ap- 
|irul. 


Skc.  «. 

Korri(?ii  t  el  o- 
Kn\I)h  c  o  m  - 
piinit^s,     &c., 

11  H  i  II  li  ,     &c. 

liiu's  ill  lliiw 
Ktatc  to  maki- 
rctiiniH  anil 
pay  like  tax. 


Sec.  40. 

(lorporntiOHsto 
construct  rail- 
roails  in  for- 
eiKn  countries 
to  make  re- 
turns and  pay 
tax  on  cap- 
ital. 


10",' 


Kkc.  47. 


tion  sli:ill  niinually,  Ix'twwn  tlit-  lirsf  nnd  UmiIIi  days  of 
May,  ivtiini  to  tilt'  lax  cornmi.sniu!i.'is,  under  oatli  of  its 
treasurer,  a  conijilcte  list  of  its  slian-iioldtTs,  witli  their 
places  of  residence,  tlie  number  of  shares  belongiiij^  to 
each,  on  the  lir.st,  day  of  May,  the  amount  of  its  capit.-tl 
8tocl\,  and  the  par  valut^and  inarliet  valiieof  tiiesiuires 
on  said  lirst  day  of  May. 

[Taxation   of  the  property  of  certain   manufacturing 
conii)anies,  copartnerships  and  associations.] 
cinpniiioH,  ,0      (Companies,    copartnerships    and    otlu-r    associations 

|iiirtiieritlii|iK  I         .  i  .•  i  »  •         .  ..... 

ami  H»«H.Ma '"iviii^^  a  h)cation  or  phice  of  business  Within  this  (!oni- 

tioiiH  held  In nioi. wealth,  in  which  the  benelicial   interest  is  hehl  in 

ihareH.   i„m«hare.s,  whKih  are  assi<;nab!e  Without  the  consent  of  the 

uix.ii.  other  associates  specifically  an thoriziiifi;  sucli   transfer, 

shall    be   subject   to    IIk;   i)rovisi()ns  of  sections  IW  to  41 

inclusive,  ^t'.i  to  T)?  inclusive,  and  Co  lo(i<i  inclusive  ;  and 

the  tax  provided  for  in  section  40  shall  be  paid  by  such 

company,  coi)artnership  or  asso(!iation  upon  the  a<fgre- 

gate  value   of   the  shares  of  said  capital  stock,  in  the 

manner  jirovided  in  this  chapter,for  taxes  upon  cori)ora- 

tions  taxed  under  section  40. 

skc.  im.  The  returns   recniired   by   section  38,  wlien  made  bv 

The   return,  ,  ^  ,.  '..  ,•' 

how  to iiiaki,  >*"<■"   company,   copartnership  or  association,  shall  bo 
made  by  the   treasurer,  af,'ent,  trustee,  superintendent, 
or  business  mana^fer  of  the  same. 
Sec.  40.  Evci'y  Company,  copartnershij)  or  associafifm,  to  be 

Hooks  of,  to  be  1  i  i         a.\        ^  t  •  .... 

Hubject  toin.  f'^^^P^l  under  the  two  preceding  sections,  shall,  when  re- 
BiKHtioii.  .Hid  quired,  submit  its  books  to  the  inspection  of  the  tax  com- 

omci-rs,    <Sc."       .      .  -,  I.    .  1  .  ... 

to  examfna- "'i''*^i*^"i<^''s  fi"*^i  asse.ssois  of  the  City  or  town  in  wliicli 
fiouonoath.  the  Same  is  located  ;  audits  treasurer,  agent,  trustee, 
superintendent  and  business  manager  shall  be  subject  to 
examination  on  oath  by  tlie  tax  commissioner  and  as- 
sessors in  regard  to  all  matters  affecting  the  taxation  of 
the  same. 


Ii  (lays  of 
>atli  of  its 
vitli  their 
oiigiii^  to 
ts  ciipital 
he  shares 

fact  II  ring 

'^ociatiotis 
his  ('oin- 
s  hehl  in 
nt  of  the 

transfer, 
s  :}8  to  41 
sive  ;  and 
I  hy  siirli 
lie  a<fgre- 
c'k,  in  the 
1  corpora- 
made  by 

shall  be 
iitondent, 

Ion,  to  be 
when  re- 
}  tax  coni- 
in  whirh 
;,  trustee, 
subject  to 
I'  and  as- 
xation  of 


KIM 
MASSAdll  HKTTS. 


PUBLIC  STAIUTES. 


(UIArTKR   27. 


Of  Tin:  Towns  AM)  DrriKs  oi- Towns. 

A  town  may  coiistni.-t  iim-s  of  tele-raph  for  its  <'\vn  sk..^^..^  ^^^^ 
use  upon  and  aloii^Mlu'  piiblie  ways  within  its  limits,  ..„„Htr.,r.t 
subject  to  the  provisions  of  Chapter  Kit)  as  far  as  the  'i--;'  to.«- 
same  is  applicable. 


MASSAnillSETTS. 


CllAl'TER  lor.. 


PoWKItS,   DllTIKS,  &(•.,  0F('(>K1M)U.\TI0NS. 

No  tele-raph  or  -as  light  company  «l»''i"f^'i'«^l  ''"''*;'"?";;;,;;„p,,  ,„,, 
the  laws  of  this  Commonwealth,  shall  declare  any  stock  ga^^,,,,,,,^,,. 
dividend,  or  divide  the  proceeds  of  the  saleof  stock  .e«jotjo 
amoiif.'- its  stockholders  ;  nor  create  any  additional  new  dividend,  &c. 
stock?  or  issue  certilicates  thereof  to  any  pers(jn  what 
ever,  unless  the  par  value  of  the  shares  so  issued  is  first 
paid  in  cash  to  its  Treasurer. 

AH  certilicates  of  stock  issued  in  violation  of  the  Pi'e-s«'^J»;,^^^,^ 
cedi no- section  shall  be  void,  and   the  directors  of   the    voMifissnea 
corpomtion  issuing  the  same  shall  be  liable  to  a  penalty    ^^^^ 
of  one  thousand  dollars  each,  to  be  recovered  by  indict-    uabie. 
ment  in  any  county  where  any  of   them   reside,  but  if 
any  such  director  proves  that  before  such  issue  he  files 
his  dissent  in  writing  thereto  with  the  clerk,  or  was  ab- 
sent and  at  no  time  voted  therefor,  he  shall  not  be  so 
•liable. 


I: 

k 


ft. 
■  It-, 


X04 


MASSACHUSKTTS. 


CIIArii^RlOO. 
Of  Comi'Aniks   von   thk   Tuansmfssion   of  Tnvki.li- 

OKNCK   ]{Y   ElK0T1:I(  ITY. 

skc.  1.  Every  company  incorporatt'd   for   tlie  transmission  of 

''s".je7t'lo"'!®'.'^^'^"'"^  ''•'  electricity,  sluill  jiossess  M.e  powei-s  and 
thischapter.  privileges  and  be  sia)ject  to  the  dnties,  restrictions  and 
liabilities  i)rescribtd  in  this  chapter. 
skc.'j.  Each  company  niiiy  zmder   the  provi&ions  of   the  fol- 

"uporhfg"h!^""'»S  section,  construct  lines  of  electric  telegraph  upon 
way,  &c.,  not  and  along  the  highways  and   public   roads,  and  across 
moae"pubiic."''*'y  ^'»<«i"  within  the  Commonwealth,  by  the  erection  of 
tlie  posts,  piers,  abutments  and  other  fixtures  (except 
bridges)  necessary  to  sustain  the  wires  of  its  lines  ;  but 
shall  not  inconnnode  the  public  use  of  highways  or  pub- 
lic loads,  nor  endanger  or  interrupt  the  navigation  of 
any  waters. 
sbo.3.  The  Mayor  and    Aldermen  or  Selectmen  of  a.  place 

^'me';,'':  4i'!'to^-."""^'''  ''''•'^''  ^''^'  1"'^«  ''^  '»  company  are  to  pass,  shall 
specify  pia- give  the  coiVipany  a  writing  specifying  where  the  posts 
^L!&c'"''"'Y  be  located,  the  kind  of  posts  and  the  height  at 
'vhich,  and  the  places  where  the  same  may  run.  After 
the  erection  of  the  lines,  liaving  first  given  the  company 
or  its  agents  opportunity  to  be  heard,  they  may  direct 
any  alteration  in  the  location  or  erection  of  the  posts, 
piers,  or  abutments,  and  the  height  of  the  wires.  Such 
specifications  and  decisions  shall  be  recorded  in  the  rec- 
ords of  the  city  or  town. 

SEC.  4.  An  owner  of  land  near  to  or  adjoining  a   highway  or 

''deTm.T&tv^^^'^'^  ^^^"5  ^  ^"^'^^  ^^"«^  «»'e  constructed  by  the  company 
to  assess,  lam-  w'lio  cousideis  liimsclf  injured  thereby,  may  within  three 
ownU!  T!"^^'"*''^  after  such  construction,  apply  to  the  Mayor  and 
costs.        '  Aldermen  or  Selectmen  to  assess  and  appraise   his  dam- 
age.    Before  entering  upon  the  service,  they  shall  sever- 
ally be  sworn  faithfully  and  impartially  to  perform  the 
duties  required  of  them  by  this  chapter.     They  sluill  on 


105 


''    iNrKl.LI- 

itnission  of 
loweis  arid 
tioDs  and 

)f  the  fol- 
ia ph  upon 
md  across 
eri'ctionof 
?s  (excejit 
lilies  ;  but 
V's  or  puh- 
gatioii   of 

f  a.  place 
)ass,  shall 
the  posts 
lieight  at 
1.  After 
company 
ay  direct 
the  posts, 
:>s.  Such 
II  the  rec- 

jhway  or 
company 
liin  three 
ayorand 
his  dam- 
all  sever- 
form  the 
shall  on 


view  make  a  just  appraisement  in  writing  of  the  loss  or 
damage,  if  any,  to  the  applicant,  sign  duplicates  thereof, 
and  on  demand  deliver  one  copy  to  the  applicant,  and 
the  other  to  the  company  or  its  agents.  If  damages 
are  assessed,  the  company  shall  pay  the  same  with  the 
costs  of  the  appraisers.  If  the  appraisers  award  that 
the  applicant  has  suffeivd  no  damage,  he  shall  pay  the 
costs  of  the  api)i'aiseis. 

The  Mayor  and  Aldermen  and   Selectmen   shall   t'i'<'^i;*,:^;,J;.>sa.i„n. 
receive  for  services  ])erformed   under  this  chapter  two 

dollars  a  day. 
A  Derson  Jiirarievtd  by  the  assessment  of  his  damages,  skco. 

^  '  ,'  .1,  •  Til  ..      Appliruiit  may 

may  have  the  matter  determined  by  a  jury,  and  the  pio  ,,Hveju.y.io. 
ceedings  shall  be  according  to  the  provisions  of  section 
79  of  cliai)ter  41),  concerning  town  ways  and  private 
ways.  If  the  jury  incivase  the  damages,  the  amount  of 
the'verdict  and  all  charges  shall  be  paid  by  the  ccmi- 
pany,  otherwise  the  charges  shall  be  paid  by  the  appli- 
cant. 

A  company  shall   not  commence   the  construction   ofsitr.7. 

„  .  •  J     1      ,.       1     1  u  Capitiil    to   be 

its  line  until  three-quarters  of  its  capital  stock  luis  been    „„,s..rii„.d. 
unconditionally  subscribed  for,  and  the  directors  shall stat.'m«ntt..be 
within  ten  days  of   commencing  said   line,  lild   in    the 
office  of  the  Secretary  of   the  Commonwealth  a   sworn 
statement  of  the  subscription. 
A  company  shall  not   at  any    time  contract   or   owesEcs 

i        -  iio  L        e    •{■  .:    I'iuJlt  of  debt. 

debts  to  a  larger  amount  than  one-halt  part  ot  its  capi- 
tal stock,  actually  paid  in. 
A  president  and  treasurer  of  each   company  shall  be«E<:.9 

X  ,  •TIT  "ijiniitoroi- 

jointly  and  severally  liable  for  all   its  indebtedness  in    f^^^.^. 
case  of  wilful  neglect  or  omission  on  their  part   to  com- 
ply with  any  of  the  provisions  ot  this  chapter. 
Every  company  shiJl  receive  despatches  from  and  for  sec  lo. 

•'  I        >>  ,•■  .,  ,  Duties  of  corn- 

other  telegraph    lines,  companies  and   assocuitions,  ai.ii    p^,,;,,^   pe„. 

from  and  for  any  )erson,  and  on  payment  of   the   usual    ait_y^  £«"•  "«• 

charges  for  transmitting   despatches  according   to  the 

regulations  of  the   company  shall   transmit   the  same 

faithfully  and  impartially.     For  every  wilful  neglect  or 

refusal  so  to  do,  the  company  shall  forfeit  a  sum  of  money 


I 


Skc.  II. 


106 

not  exceeding  one  hundred  dollars,  to  be  recovered  In  an 
action  of  tort  by  the  person,  association  or  c(  mpany 
sending?  or  desiring  to  send  the  despatch. 

Telegraph  companies  and  associations  shall  receive, 
cimrBo  snme^O"^P"**^  '"i<^»  transmit  despatches  received  at  their  office 
compcMisa  from  other  tele'nai)h  companies,  or  by  mail  at  the  same 

linn   for    I'is  „-  PI  1 

pai.iN's  K..nti'''»'<'s  ot  cliarges  as  for  despatches  received  for  transmis- 
by  mail  Ac ,  sioiis  from  individuals  in   i)ers()U   at   the   same    offices 

as  fioiii  iiidi- 1  .  T  ,.     ,        , 

vMuais.  bearing  date  ot  the  day,  and  at  the  place  of  the  office 
iviiaiy.  where  any  mvh  despatch  is  received.  For  every  wilful 
neglect  or  refusal  to  comply  with  the  foregoing  itro\'is- 
ions  by  a  telegraph  company  or  association,  it  shall  for- 
feit a  sum  of  not  exceeding  one  hundred  dollars  to  be 
recovered  in  an  action  of  tort  by  the  perst)n,  company 
or  association  sending  or  desiring  to  send  the  despatch. 
^'■'- '-  When  an  injuiy  is  done  to  a  person  or  to  property  l)y 

the  posts,  wires  or  ether  apparatus  of  a  tidegraph  line, 
the  company  shall  be  resi)()nsible  in  damages  to  the 
party  injuied.  If  the  same  are  erected  on  a  liighway  or 
town  way,  the  city  or  town  shall  not,  by  reason  of  any- 
thing contained  in  this  chapter  or  tlone  thereunder,  be 
discharged  from  its  liability,  but  all  damages  and  costs 
recovered  against  a  city  or  town  on  account  of  such  in- 
jury, shall  be  reimbursed  by  the  company  owning  the 
posts,  wires  or  other  ap))aratus. 

sk..  11.  PiVery  telegraph  company  shall  annually,  on  or   ,t'fore 

^';;;;j;.";;»;j;;the  fifteenth  day  of  October,  make  returns  t<.  tlie  8ecie- 
lotmns, \v.  tary  of  the  Com?uon\vealth, according  to  the  foi-ms  to  be 
furnished  on  application  to  him,  specifying  therein  the 
loeatiou  and  line  of  its  telegraph,  its  name,  c-.pital  ac- 
tually paid  in  and  how  invested,  annu'  1  receipts  and 
expenditures,  real  estate  and  its  value,  cash  ou  hand, 
credits  on  book  account  and  the  ani<mnt  of  its  indebted- 
.  ness;  which  returns  shall  be  signed  by  the  president, 
clerk  and  treasurer  of  the  company,  and  by  them  be 
sworn  to  be  true,  according  to  the  best  of  their  knowl- 
edge and  belief. 

Owners  and  associations  engaged  in   the  business  of 


SKi\  14. 

U  n  i  "  o  o  r  )>  o 


rated compa- telegraphing  for  the  public  by  electricity,  although  not 


i^ 


vered  in  an 
c(  mpany 

II  rt'ceive, 
their  office 
t  tlie  siinie 
r  transniis- 
iiH    ofliccs 

the  oflice 
/ery  wilful 
tig  iti'()\'is- 
l  sliiill  for- 
lars  to  be 
,  company 

despatch. 
I'opeity  by 
raph  line, 
^es  to  tlie 
igliway  or 
n  ot  any- 
'under,  be 
and  (;ostM 
such  in- 
wniiig  the 

or  ./'.'lore 
the  8ecre- 
'■ms  to  be 
lierein  the 
'>()ital  ac;- 
idpts  and 
on  hand, 
indebted- 
president, 

then)  be 
sir  kuowl- 

usiness  of 
lough  not 


incorporated,  shall  be  subject  to  the  liabilities  and  gov- 
erned by  the  provisions  of  this  chapter,  in  the  same 
mannei'  as  corporations. 

No  enjoyment,  by  a  person  or  corporation,  for  any 
length  of  time,  by  the  privilege  of  having  or  maintain- 
ing telegraph  posts,  wires  or  apparatus  in,  upon,  over, 
or^attached  to  any  building  or  land  of  any  other  ]).'r- 
s(ms,  shall  give  a  legal  right  to  the  continued  enjoy- 
ment of  such  easement,  or,  raise  any  presumption  of  a 
grant  thereof. 

Whoever  unlawfully  and  intentionally  injures,  mo- 
lests or  destroys  any  line,  wire,  post,  pier  or  ab-itinejit, 
or  any  of  the  materials  or  property  of  any  company, 
owner  or  association,  shall  be  punished  by  tine  not  ex- 
ceeding live  hundred  dollars,  or  imprisonment  not  ex- 
ceeding two  years,  or  both. 

Whoever,  in  order  to  move  a  building,  or  for  any 
necessary  purpose,  desires  to  cut,  disconnect  or  remove 
the  wires  of  imy  such  company,  may  do  so,  exercising 
reasonable  care,  if  he  has  first  left  a  written  statement 
signed  by  him,  of  the  time  when,  and  the  place  de- 
scril)ed,  by  reference  to  the  crossings  of  streets,  or  high 
ways,  where  he  wishes  to  remove  said  wires,  at  the 
oflice  of  the  company  in  the  t  wn  wiiere  such  place  is 
situated,  twenty-four  hours  before  the  time  so  stated, 
or  when  there  is  no  such  office,  if  he  has  d.-posited  such 
statement  in  the  post-ofTice,  properly  prepaid  and  di- 
rected to  the  company  at  its  office  nearest  to  said  pla('e, 
three  days  before  the  time  mentioned  in  said  statement. 
Whoever  cuts,  disconnects,  removes  or  otherwise  in- 
terrupts the  use  of  any  telegraph  wire,  witiiout  first  giv- 
ing notice,  as  provided  in  the  preceding  section,  shall 
be  punished  as  provided  in  section  sixteen. 

The  two  preceding  sections  shall  not  apply  to  any 
wires  attached  to  telegraph  poles  which  have  not  been 
erected  in  compliance  with  the  provisions  of  law. 


Skc.  is. 

No  eawnipnt 
by  liiiviiitj  li' 
li'Kruph  posts 
&c. 


Skc  IB. 
rciuilty  for  in- 

lilies,    wirt's, 


SfA!.  J7. 

Telonrapli 
Hires  may  lie 
cut,  &(■.,  to 
move  build 
iiiKs  1111(1  for 
other  purpo- 
ses. 


Skc.  m. 

IViially  foreut- 
tills;  without 
first  gi villi; 
notice. 

Sei'.  10. 

Two  preceiliriK 
Sections  not 
to  apply  to 
certain  wires 


108 
MASSACHISETTS. 


CHAPTER  112. 
Of  1?ailuoai)  Cokpokatioxs  and  Railkoaii^ 


Skc.  75, 
Taking  st(K-k  III 


A  railioad  corporation  may  hold  sfock  in  a  tt'lctrraDli 
a   ttieKiai-h company  wlio.se  telegrapli  coniu'dts   two  or   more  i)laci's 
Company,     qp  tile  rajlrojid,  to  an   anionnt  not  exceeding  two  liiin- 
dred  dollars  for  each  mile  of  lailroad  so  connected. 


MASSACHUSETTS 


Vol.  29.     N.  S. 


CHAPTER  200. 


Section  two  of  chapter  one  hnndred  and  seventeen  of 


Skc.  1. 

May  hold  stook    •  „    ,  ^ 

in  certain  .or-  the  acts  of  the  yea."  eigli  teen  hnndied  and  eighty,  is  heie- 
porations.  [^y  amended  by  striking  out  the  words,  "  Provided,  that 
said  corporation  shall  not  become  a  stockholder  in  any 
other  corporation  doing  business  in  this  State,  to  an 
amount  exceeding  thirty  per  cent,  of  the  capital  stock 
of  said  last  named  corporation,"  and  inserting  in  the 
place  thereof  the  words,  "  Provided,  that  said  corpora- 
tion shall  not  become  a  stockholder  in  any  other  corpo- 
ration doing  business  in  this  Commonwealth,  except 
corporations  ojjerating  under  license  from  it,  and  cor- 
porations whose  business  within  this  Commonwealth 
consists  solely  in  the  manufacture,  sale,  or  manufacture 
and  sale  of  electrical  apparatus,  to  an  amount  exceeding 
thirty  per  cent,  of  the  capital  stock  of  such  other  corpo- 
rations." 


Sec,  8. 


This  act  shall  take  effect  upon  its  passage. 


I 


tm 


MASSACHUSETTS 


ACTS  AND  liE.^OLVES,  1880-81. 


ItOAIiS. 


loi'e  ))liU'i\s 
J  two  luiii- 
ected. 


■en teen  of 
Ly,  is  lieie- 
)ided,  that 
ler  in  any 
ate,  to  an 
)ital  stock 
ig  in  the 
d  corpora- 
ler  corpo- 
;h,  except 
;,  ani  cor- 
don wealth 
nufacture 
exceeding 
lier  coipo- 


VoL.  19.  N.  S. 


CHAPTER  8,3. 
The  city  council  of  any  city,  and  the  selectmen  of  any  s..c.  i. 

''  ....  I  ,  1    i-  !•        ii City  and  town 

town,  may  establish  reasonable  regulations  for  tiieeiec-  „„tnoritu-s 
tion  and  niainteniince  of  all  telegraph  and  telephone  m»yn>guiat« 
lines  of  wire  within  their  respective  cities  and  towns,  in-  t','ie'g"apii 
eluding  fire  alarm  and  police  lines,  and  all  otiier  lines  and  t.-ie- 
owned  or  used  by  said  cities  or  towns,  and  may  per- 
mit the  same  to  be  laid  under  any  public  way  or  square. 
In  cities,  such  regulations  shall  be  made  by  ordinance. 

If  anv  such  line  be  constructed  or  maintained  in  viola- skcs. 

,  ,       .  ,  • ,.  1  ,.!,„  11  Construction 

tion  of  any  such   regulations,    the   city   or   town   sli.vil    „fii„p_,.ioiu- 
cause  the  owner  or  owners,  constructor  or  constructors,    tion  of  regu- 
or    parties   using    the    same,    to     be    lortliwitii    noti-    ,,erestraned 
fled    of     such    violation      in     writing,    setting     forth    ^y,_^;;^'«  ,_;;;'- 
said    violation     particularly,   and    if    after    such    no-    ..iaicoun 
tice    the    said    parties    or    any     of     them    shall     pro- 
ceed in  such  construction,  or  shall   not   within   a   reas- 
onable time  alter  said  lines  to  conform  to   said   regula- 
tions, it  shall  be  lawful  for  the  Supreme  Judicial   Court 
or  any  Justice  thereof,  either  in  term    time  or  vacation, 
to  issue  an  injunction  restraining  such  person  or  persons 
from    further    progress    in    said  work    until    the  facts 
of  case  shall  have  been  investigated  and  determined, and  if 
it  shall  appear  to  the  Court  on  such  an  investigation  that 
.  any  of  such  regulations  have  been   violated,  to  restrain 
by  injunction  the  further  prosecution  of  such  work,  or 
by  order  to  direct  such  line  to  be  removed  or  altered, 
as  it  may  deem  proper,  at  tln^  expense  of  the  owners  or 
contractors  thereof,  or  persons  using  the  same.    In  case 
any  line  belonging  to  or  used  by   any   city  or   town,  or 


no 


any  of  its  departments,  shall  be  constructed  or  main- 
tained in  violation  of  such  regulations,  the  like  actions 
may  be  taken  by  the  Court  upon  the  complaint  of  any 
party  injured  thereby,  after  such  notice  to  the  city  or 
town  as  the  Court  or  some  Justice  thereof  may  order. 
SKr.3.  Chapter  sixty-four  of  the  General  Statutes  shall  be 

*  sur^imVb^*'""^^'""*^'^  ^"  authorize  the  Mayor  and  Aldermen  of 
aiiii.oriz.-d  to  cities,  aud  the  Selectmen  of  towns,  to  empower  individ- 
p.lts!  wires!  "•^'^'  ^^''^^'  ^^^  citizens  of  Massachusetts,  to  establish  and 
*c-  maintain  posts,  wires  and  other  apparatus  for  telegraphic 

and   telephonic  communication  in  conformity  with  tlie 
provisions  of  said  chapter  and  other  laws  now,  or  here- 
after, api)Iicable  to  telegraph  or  telephone  companies. 
s"*'  *•  This  act  shall  take  effect  upon  its  passage. 

Approved  March  11,  1880. 


m 


I  or  main- 
ike  actions 
lint  of  any 
tlie  city  or 
;iy  order, 
es  shall  be 
tlernien  of 
-er  individ- 
tablish  and 
telegrai)liio 
;y  with  the 
\v,  or  here- 
mpanies. 


M  A  11  Y  li  A  N  D  . 


HFA'ISED  CODE,   1878. 


Ti:LK<inAIMI,    I'iXIMtKSS,  OU    TUAXSPOllTATFON  C(»Ml'ANIliS 

o\\  Associations. 


AUTICI-K  XII. 


hU'KNSKS. 


telegraph 
coinpanieti. 


It  shall  not  be  lawful  iov  any  tflfgraph  oonipany,  orsEo.33. 
for  any  person,  iirm,  partnership  or  corporation  to  do'^j;.;*,^„^^- j^;"; 
the  business  of  telegraphing  for  profit  or  hire  in  any 
way  within  this  State,  or  to  receive  compensation  there- 
of, or  to  open  any  office  for  the  transaction  of  such  busi- 
ness within  this  State,  without  lirst  obtaining  a  license 
thereof  as  hereinafter  proviiVd. 

Any  telegraph  company,  ;)erson,  firm,  paitnership,  as-SKc.^35.  ^ 
sociation  or  corporation,  proposing  to  do  the  business  of  ^^;;,„u„t   of 
telegraphing  for  profit  or  hire  within  this  State,  and  any    ««■"« 
express  or  transiiortation  company,  or  any  person,  firm, 
partnership,    association   or    corporal'  ^n,   proposing  to 
do  the  business  of  transporting  or  forwarding  for  profit 
or  hire  within  this  State,  of  goods  or  packages  of  any 
sort,  or  of  any  article  of  trade  or  traffic,  sfiall  pay  to  the 
Comptroller   for  a  license  to   do   such   business  in  this 
State,  for  one  year,  the  sum  of   three  hundred   dollars^ 
or  a  proportional  part  of  said  sum  for  any  fractional  part 
of  a  year  not  less  than  one  montli  ;  and   all   licenses  so 
issued  shall  be  made  to  expire   on    tiie  first  day  of  May 
next,  succeeding  the  date  of  their  issue. 

Service  of  legal   i)rocess   upon  any   of   the  ofRcers  or  skp.  sa. 

,.  .  ,   .  ...  Service  of  pro- 

agents  or  any  person,  hrm, partnership,  association, com-  ^.^^^  „„  ,„c,a 
Danv  or  corporation,  transac^ting  said  business  of  tele-  om.ers  or 
graphing  or  transporting  or  forwarding  tor  proht  or  lure   cient. 


112 


.1  ■ 


as  aforesaid, vvitliin  tliis  State,  shall  be  a  siifllcient  service 
on  the  ])erson,firni,])artti('rship,  asHocsiation,  company,  or 
corporation  ;  provided  a  copy  of  such  process  shall  \w 
l)la(!ed  iti  the  post  office,  by  the  officer  servlii<jj  the  san.e, 
directed  to  the  officer  in  cliar^e  of  |)rincipal  offic«'  of  said 
person,  firm,  partnership,  association,  compatiy  or  cor- 
poration, in  the  city  of  Baltimorf,  and  su(^h  officer  in 
making  retnin  of  snch  process  shall  certify  to  tlin  Court 
on  the  day  of  said  service,  that  he  complied  with  the 
provisions  of  this  Ht'clioii,  by  ])laciiig  snch  copy  in  the 
])ost  office  so  directed,  with  the  [lostage  stamp  annexed 
to  the  envelope  coiitiiiniiig  fin*  same. 

skc.37.  ^f  ''"y  tt*l^*g'i'l>l'  eonipany,  person,  firm,  partnership, 

i<i.,sec.3.  association,  or  corporation,  sliall  so  do  the  bnsiness  of 
imsinesNwith-  telegraphing  lor  proht  or  lure  wirhin  this  State,  or  shall 
out  a  licenstv  open  any  office  or  cfflces  for  the  transaction  of  snch 
bnsiness,  or  if  an j-  express  or  transportation  conij)any, 
or  any  person,  firm,  or  partnership,  association,  or  cor- 
poration, shall  do  the  business  of  transporting,  or  for- 
warding any  article  of  trade  or  traffic  for  piolit  or  hire 
witliin  this  State,  or  shall  open  any  office  or  offices  for 
the  transaction  of  snch  bnsiness,  without  first' having 
obtained  a  license  to  transact  snch  business  as  afore- 
said, the  company,  person,  firm,  partnership,  associa- 
tion, or  corporation,  so  offending,  shall  be  subject,  to 
a  penalty  of  one  thousand  dollars,  to  be  recovered  by 
suit  in  the  name  of  the  State  of  Maryland,  in  any 
Court  in  this  State  having  jurisdiction  over  tlie  said 
claims;  and  one-half  of  said  penalty,  when  recovered, 
shall  be  paid  in  to  the  Treasury  of  the  State,  and  other 
half  of  the  said  penalty  shall  be  paid  to  the  informer. 
Any  person  acting  as  agent  for  any  telegraph  com- 
pany, or  express  or  transportation  company,  firm, 
association,  or  corporation,  in  viola- 
cMiso  (iuiityjjQ^  of  preceding  section,  shall  be  guilty   of  a   misde- 

oF  inisdemea-  ^        ti,i,        tii  -t  1 

nor.  mtanor,  and  shall  be  liable  to  indictment  tlierefor,  and 

on  conviction  in  any  Court  having  jurisdiction,  shall 
be  fined  not  exceeding  five  hundred  dollars. 

Sec.  39.  Any  telegraph  company, express  or  transportation  com- 


Sec.  .M. 

Id.,  Sec.  9. 

.\),'c'iits    acting  ,  . 

without  li- partnership, 


■  k ! 


ii:} 


fiiit  service 
nipany,  or 
^s  sliall   be 

the  san;<^, 
ric«*  of  said 
ny  or  cor- 
I   ofFicer  in 

the  Court 
I  with  the 
opy  in  the 
|)  annexed 

irtnership, 
usiness  of 
te,  or  shall 
a  of  >such 
('oinj)any, 
)n,  or  cor- 
i<?,  or  for- 
)llt  or  hire 
oflices  for 
■st"  having 
I  as  a  fore - 
).  associa- 
suhjei't.  to 
)vered  by 
1(1,  in  any 
■  the  said 
recovered, 
and  other 
!  informer, 
raph  coin- 
iny,  tirni, 
in  viohi- 
a  niisde- 
M-efor,  and 
ion,    sliall 

iation  com- 


liniits  of  Hin- 
t;\i'  ciiunty  or 
city  ot  Kalli 
mure 


panv,  person,  firm,  pnrfnerslnp,  nsso('iatn>n,  or  corpora- '<i  •««:'  '"■ 

.       '  .  ,      ,         .  I.  .    1  1  •  1.  ,.     I,iiins«  within 

tion,  prctposirif^  to  do  linsiiu'ss  of  tt'legrapliinu;  lor  proiit 
or  hirt'  within  the  liinitsof  any  singlecounty  in  this  State, 
or  within  the  limits  of  the  city  of  Baltimore,  or  propos- 
ing  to  do  the  business  of  liansportin-j;  or  forwar(lin<?,  for 
prollt  or  hire,  within  the  limits  of  a  single  connty  in  this 
State,  or  within  the  limits  of  the  city  of  Baltimore,  any 
article  of  trade  or  traflic,  oi'  any  package  or  parcel  of 
goods  of  any  sort,  shall  i)ay  to  the  Clerk  of  the  Circnit 
Conrt,  for  the  connty  .  .  which  said  bnsiness  is  pro- 
posed to  be  done,  or  to  the  Clerk  of  the  Conrt  of  Com- 
mon Pleas  of  the  cltv  of  Baltimore,  if  the  said  bnsiness 
is  proposed  to  be  done  in  said  city,  the  snm  of  twelve 
dollars  for  a  license  to  do  said  bnsiness,  for  one  year, 
or  a  ])roportionMte  ])art  of  saiil  snm  for  any  fractional 
l)art  of  a  year,  not  less  than  onc!  month  ;  and  all  licenses 
so  issued  shall  be  made  to  expii-e  on  the  first  day  of  May 
next  succeeding  the  date  of  their  issue. 

Any  person  otFending  in  any  way  by  violating  the •'*«''■  ■'o. 
provisions  of  the  last  preceding  section,  either  asiVn.aty. 
agent  or  otherwise,  shall  be  liable  to  a  prose(!Ution 
therefor,  and  upon  indictment  and  conviction  thereof  in 
any  Court  having  jurisdiction,  not  less  than  twenty, 
nor  more  than  one  hundred  dollars,  and  shall  stand 
committed  until  the  tine  and  costs  are  paid. 


MARYLAND. 


REVISED  CODE,  187P 


PUOVISIONS  FOH  THE   PoUMATIOX  OF   CoHPOKATIONS. 


AllTICLK  40. 

Corporations  may  be  formed  in  this  State  under  the  sec.  m. 
provisions  hereinafter  set  forth   by  any   five  or  more  ^*"'  forced. 


Jk 


114 


Rkc.  24. 
TnU'Kru|)li 


persons,  citizens  of  the  Uniled  States,  and  a  majority 
of  tliem,  citi/tMis  of  this  Stale,  or  if  iinnahnalizfd, 
resiiU'iits  of  tliis  State,  nial<iii<r  oatli  fliat  iIh'v  hima  jUlc 
iiitt-nd  to  l>»'(!oin<M'itizi'ns  of  the  I'liitt'd  States  witliodt 
unreasonable  dehiy,  whon.'ay  desire  to  forma  body, cor- 
porate or  politic!,  for  any  of  tlie  followinja;  pui'poses  : 
*****  *         *        *        *         *        * 

Class   II.    For  constnictin',',    owning    or   operating 
,!„,,„  teleffrapli  lines  in  this  Slate,  whtMe   llie  i)rin('ipal  oflice 
of  said  coiporation  is  located  in  thi.s  State. 


MAIIYLAMK 


FoKMATlOX    PoWKUS    AXl)    RlXiULATIONS   <>1'   CoUl'OHA- 

TIONS. 


For  Construclion,    Owniiuf  or    Operating    Telegraph 

linen. 

s,.,.  130.  Corporations  for  owninj^,  constructing,  or  of  owning, 

i(i.,SK<.  18-     leasing,  constructing,  and  oixi-rating  a   line   or  lines  of 

Telt'uraiih  com-  ,       ,  i       i   •      n  i- 

panii-B.  How  telegraph  through  tins  State,  or  Irom  or  to  any  point  or 
''"'"'■•'"""•'''•  points  within  this  Stale,  or  ui)on  the  boundaries  there- 

4fiMd.,67.       ^  ,        ,  -  ,  .     ,      ,.  -IT 

of,  may  be  formed  as  hereinbelore  jjrovided. 
^^.^  ,3,  Sucii  cori)()rations  may,  with  the  consent  of   the  nui- 

i<i..se<ijh.    jority  of  its  stockholders,  given  in  general  meeting,  be- 
'chase'"  ''"'^  couie  the  purchaser,  assignee,  or  lessee  of  any  property 
within  this  State,  of  any  telegraph  company  or  compa- 
nies now  existing,   or  which  may   liereafter   be  incor- 
porated, or  may  be  doing  business  witliin  this  State. 
j.^^^.  |.j,  It  nu\y  construct  a  line  or  lines  of  telegraph  througli 

M  .si.<   vm.    this  State,  or  from  or  to  any  point  or  points  within  this 
'Tnnot  i"ie-^f''**^>  <^i'  upon  the  boundaries  thereof,  and  along  and 
Kraph liiii'K.   upon   any    postal    roads    and     postal     routes,     roads, 
streets  and   liighways,  or    across    any    of  the  bridges 
or    waters    within    the    limit   of    this    State,    by    the 


iir. 


majority 
liiiiilizH(l, 

hoiid  full'. 
s  witlioiit 
l)()(l'",  cor- 
poscs  : 

oiHMatiiiu: 
\\Y,\\  office 


CoUPOKA- 


Tdeyraph 

•f  owning, 
1"  lines  of 
y  point  or 
•ies  tiiere- 

f  the  inu- 
3eting,  be- 
!  l)ruperty 
or  com  pa- 
be  incor- 
i  State, 
h  throngli 
vitliin  this 
ak)ng  and 
?s,  roads, 
le  bridges 
',    by    the 


erection  of  tlionecessaiy  H.\tiir.'>.  iiuliidiiig  posts,  pit-rs, 
or  abutments.  I'or  sust, lining  tiie  cords  or  wires 
oT  such  lines,  uitliout  iln'ir  being  deemed  a  pul)- 
li(!  nnisanct!  oi-  snlijcct  to  be  abalcd  l)y  any  private 
party;  /Vo^vVAy/,  tiie  same  shall  not  l)c  coiistrncled  asi'n.viHo. 
to  incommode,  injnrionsly.  tin-  public  use  of  said  postal 
roads,  or  postal  rontes,  ro.ids,  highways  and  bridges, '■^'••'ir"aJ 
or  injuriously  interrupt  the  navigation  ol'  saiil  watiMs, 
or  as  to  interlert'  with  any  land  owner  mon*  than  is 
umivoidable,  and  that  this  section  shall  not  be  ^  con- 
strued as  to  authorize  the  const  ruction  ol'any  bridge  acioss 
any  of  the  navigable  watei.sof  the  State;  but  the  said  <'<»''- it,,s,,„„sii,iii,j.. 
poration  shall  be  resi)oMsible  for  any  damages  which 
any  person  or  coii)()ration  may  sustain  by  the  erection, 
continuance  and  use  of  smdi  fixtures,  ami  in  any  action 
brought  for  the  recovery  tlit-reof  by  the  owner  or  pos- 
sessor of  any  lands,  the  damages  to  be  awarded  may,  at  """""«••• 
the  election  of  sucdi  corporation,  include  the  damages  of 
allowing  the  said  fixtures,  i»erinanently,  to  continue,  on 
payment  of  which  damages  the  right  of  the  corporation 
to  continue  such  fixtures  shall  be  confirmed,  as  if 
granted  by  the  jtarties  to  the  suit ;  Piotidtd,  that  noi'roviso. 
person  or  body  politic  shall  be  entitled  to  siu?  I'or  or 
recover  of  damages  as  aloresaid  until  the  said  (!or[)ora- 
tion,  after  due  notice,  shall  have  failed  or  refiist?  to 
remove,  in  reasonable  time,  the  fixtures  complained  of, 
or  the  president  or  directors  of  the  said  company  may 
appiv  to  a  justice  of  the  peace  of  the  county  or  city  of -JiiHtiopofivate 

1  111  1  111^1  •  !•  tOissUl). 

where  such  lands  are,  who  shall  thereupon  issue  his 
warrant,  directed  to  the  sheriff  of  said  county  or  city, 
commanding  him  to  summon  twelve  disinterested  per- 
sons, qiuilified  to  serve  as  jurors,  to  meet  at  the  proper 
place,  as  directed  by  the  said  Justice;  and  the  sheriff  jumra. 
shall  (qualify  the  said  persons,  by  oath  or  affirmation, 
faithfully  to  perform  tlie  duties  required  of  them  by  the 
next  succeeding  section. 

The  said  jury  shall  nud^e  a  just  and  equitable  ap-SEc  m. 
praisement  of  all  the  loss  or  danmge  that  may  be  sus>p^p'",'_^;~ 
tained  by  any  person  or  cori)oration  on^  or  over  whose   damage. 


8k<  .  I.Ti 

?cl  ,  SKC.  I.TJ 

IlllJlllNltlDII. 


Con  (I  rrnatlnti 
of  till'  Cimrl 


Valuution. 


KlliH.'UK-llt. 


SKc    13.'.. 
Ckpital  stock. 


KxtondiiiK  lines 


CiiiiKiil  idiiti'd 
i'oin|>ikiiirH. 


CiTtillcutes. 


lie 

landsor  hriflRos  said  posts,  i^lnrs  or  nbiifmonfs  nre  in- 
tciidt'd  to  !)•'  placed,  and  shall  tnakf  a  frii«>  rt'tuni  and 
iiKlnisitlon  thereof,  in  writing,  under  their  liands  and 
seals. 

The  sheriff  .shall  make  retiii-n  of  tlie  intpiisition  so 
found  to  the  (Merk  of  the  ('ircuit  Court  of  the  county, 
wlio  shall  fih'  the  same  and  lay  it  before  the  said  (.'ourt 
nt  its  next  session  ;  and  such  iii«iuisiiiou  shall  be  con- 
firmed by  said  Court,  unless  good  cause  be  shown  to 
tluM'ontrary,  and  when  (^onllrmed  shall  be  recorded  by 
the  ('lei'k,  at  the  expense  of  tlie  corporation  ;  but,  if  set 
aside,  the  said  Court  may  direct  another  iiupiisition  to 
l)e  taken,  in  the  mannerabove  prescribed.  The  valuation 
of  Huch  loss  or  damage,  v/hon  paid  or  tendered  to  the 
owner  or  owners  of  the  ])roperty,  or  his,  her  or  their 
h'gal  representatives,  shall  entitle  the  sai<l  coipoiation 
to  the  easeiiKMit  thus  valued,  as  fully  as  if  It  had  been 
<!onveye(l  to  said  corporation  by  the  owner  or  owners  of 
the  .same  ;  and  the  valuation,  if  not  received  when  ten- 
dered, may,  at  any  time  thereafter,  be  received  from  the 
com]>an^  without  costs,  by  the  said  owner  or  owners,  or 
Ilia,  her  or  their  legal  represeiitativ<!  or  representative.s. 

Any  such  corixu-ation  formtMlasaforesaid, may, after  its 
capital  stock  has  bt^'u  fully  paid  up,  with  the  consent  of 
the  majority  of  the  owners  of  the  capital  stock  of  such 
corporation,  given  in  general  meeting,  extend  their 
lines  of  telegrapli,  or  may  construct  branch  lines  to  con- 
nect with  their  main  line,  or  may  form  a  new  corpora- 
tion by  uniting  with  another  incorporated  telegrapli 
corporation  or  corporations,  with  such  name  and  caj)- 
ital  stock,  and  upon  such  terms  as  may  be  agreed  upon 
between  the  said  corporations  ;  and  whenever  such 
union  as  aforesaid  is  made,  a  certificate  of  said  union 
and  of  particulars  thereof,  shall  be  executed  and  ac- 
knowledged by  the  president  or  other  principal  officers 
of  said  corporations  no  uniting,  which  said  certifi- 
cate shall  be  recorded  in  the  Clerk's  Office  of  the  Su- 
jierior  Court  of  Baltimore  City,  if  the  principal  office  of 
the  said  consolidated  corporations  is  therein  located,  or 


IV 


tifs  nre  in- 
•t'tuni  Mjul 
liaiuls  :uul 

iiisitloM  so 
!♦'  coiiiity, 
•<iii(l  ('oiiit 

ill     1)H    COll- 

sliuwii  to 
corded  by 

but,  if  sHt 
iiisitioii  to 
f  valiiJitioti 
red  to  the 
T  or  their 
(»i  position 
t  had  been 

owners  of 
wlien  ten- 
d  froni  the 
owners,  or 
sentatives. 
iiy, after  its 
consent  of 
k  of  siioh 
;tend  their 
nes  to  con- 
tv  corpora - 

tehigrapli 

and  caj)- 
jreed  upon 
lever  such 
aid  union 
d  and  ac- 
pal  officers 
lid  certiti- 
of  tlie  Su- 
al  office  of 
located,  or 


in  theOfflcp  of  tbe  Clrk  .»r  tli.'  (Mn'uit  C.urt  ..f  '^'iif^'™;;!.';; 
citv,  in  which  ■^:iid  principal  oHice  is  lncMlfd,  and  wiien    of  ii„.i„iirt 
said  ronsolidalcd  conipauy  is    forincd.  it  shall    be  sub 
jert  to  the  ])rovisionM  of  tliis  article,  so  Car  as  the  same 
is  applicable. 

Any    iterson.  association,  or  coiporation,  owning  nnysK.   rm 
'  felegraph  line  d(»in<,' business  wiihin  this  Mate,  shall  re- 
ceive dc- patches  from  and  foi  other  tclen;rai)h  Iines,aHSo- 

ciations  and  conii)anies,  aiid  from  and  for  any  other  in- 
dividual, and  shall  Iransndl  such  despalchesin  the  niMii- 

ner  estaiilished   by    the  rules  and    re<iulalions  of   such 
t»'le<i;raphic  liiu's,  and  in  the  order  in  which  th.-y  are  re- 
ceived,    with    inipartialily   and    <^<hh\    faith,  under   the 
l.enalty  of  one  hundied  dollars  for  every  neglect  or  re- p..,mii.v 
fusnl  so  to  do,  to  be  recovered,  with  c(»sts  of  suit,  in  the 
name  and  for  ih<^  bendit  of  the  jerson  or  persons   send- 
ing or  desiring  to  send  such  despatch  ;  /^a^>'vVAy/,  how-,. roviHo 
ever,   that  arrangements   may  be    made   with    the   pro- 
prietors or  publishers  of  news]>apers  for  transmission  of  N.wspupcr. 
intelligence  of  general  and  public;  i.iterest,  for  the  pur- 
])ose  of  publication  out  of  its  onbr. 

If  the  wires  or  cords  of  any  telegraph  line  be  located  sk.    137 
or   stretched   or   extended     from  one    post   or   pole   t() '"J;;;';;-;^^^^^^^^^^ 
anothe.'  in  such  a  nuinner  as   to  i)revent    the  owner  of   timb..-   mur 
any  timber  growing  along  the  line  of  such  telegraph    "'y- 
corporation  from  cutting  and  felling  the  same,  and  the 
owner  thereof  in  cutting  or  felling  such  tind)er  shall  in- 
jure the  wires,  cords,  or  posts  of  such  telegraphic  lines, 
shall  not  be  liable  to  an  action  for  damages  unless  it  shall 
appear  that  in  such  cutting  or  felling,  or  in  having  the 
same  cut  or  felled,  the  said  owner   wdfully  and   inten- 
tionally injured  such  wires,  cords  and  posts. 


118 
M  A  R  Y  L  A  N  D  . 

BE  VISED  CODE,  1878. 


ARTICLE  72. 

CrJMKS    AND   PUMSHMKNTS. 


Telkgkapiis. 


Sec.  97 


Any  person  who  shall  unlawfully  and  intentionally  in- 
injmiiig  lines,  jm-e,  molest  or  destroy  any  of  the  lines,  posts,  piers  or 

posts,     P1I-.-S,      ,  '        .     1  »    1       -       )     I      ' 

abutments,  ahutnients,  or  tile  niateiials  or  ])roperty  connected  with 
the  working  of  any  tt']e<;Taph  line,  sliall,  on  conviction 
thereof,  be  deemed  guihy  of  a  misdemeanor,  and  be 
punished  by  a  line  not  exceeding  five  liundred  dollars, 
or  imprisonment  in  the  county  or  city  jail  not  exceed- 
ing one  year,  or  both,  at  the  discretion  of  the  Court  be- 
fore which  the  conviction  shall  be  had. 


Punirfhment. 


Tkleoi{a I'll  Mkssao i;s. 


Sec.  08. 


tions. 


Any  person  connected   witli   any  such  corporation  in 
Divi.iKing  the  this  State,  either  as  clerk,  operator    or  messenii'er,  or 

contents     of .  ,  .  ^  &      i       •• 

fommunica- 111  any  other  capacity,  who  shaJl  wilfully  d'.ulgethe 
contents  or  the  nature  of  the  contents  of  any  private 
communicaticm  intrusted  to  him  for  transmission  or  de- 
livery, or  who  shall  wilfully  refuse  or  negl'ct  to  trans- 
mit or  deliver  the  same  shall,  on  conviction  befoie  any 
Court  be  adjudged  guilty  of  misdemeanor,  and  shall 
suffer  inii)risonment  in  jail  in  the  county  or  city  where 
such  conviction  shall  be  had  for  a  term  of  not  more  than 
three  months,  or  shall  be[^ fined  not  exceeding  five  liun- 
dred dollars,  in  the  discretion  of  the  Court. 


-W 


"If 


110 
M  A  R  Y  L  AND. 


ionally  in- 
s,  piers  or 
ected  with 
conviction 
)r,  and  be^ 
»d  dollars, 
•t  exceed - 
Court  be- 


loiatiou  in 
senger,  or 
^^■ulge  the 
iiy  ])rivate 
iion  or  de- 
;  to  trans- 
•efoi'e  any 
and  shall 
!ity  wliere 
more  than 
:  live  hun- 


Laws  of  Mahyland. 


CHAPTER  230. 

An  act  to  repeal  the  132d  Section  of  Chapter  471  of 
the  acts  of  January,  1S08,  Entitled  "An  act  to  repeal 
Article  20  of  the  Code  of  Public  General  Laws  and  to 
enact  a  substitute  therefor,  and  to  repeal  Section  22  of 
Article  16,  Sections  99  to  103  of  the  same  article,  and 
Sections  33  to  43  of  Article  88  of  the  Code  of  Public 
General  Laws,"  and  to  leenact  the  same  with  amend- 
ments reli'ting  to  the  consolidaticm  of  telegraph  compa- 
nies and  the  extension  of  their  lines  into  other  States. 

Be  it  enacted  by  the  General  Assembly  of  Maryland,  skc  i. 
That,  section  one  hundred  and  thirty-two  of  chapter  four 
hundred  and  seventy-one  of  the  acts  of  January  session, 
eighteen  hundred  and  sixty-eight, entitled  "An  act  to  re- 
peal article  twenty-six  of   the   Code  of  Public,  General 
Laws,  and  to  enact  a  substitute  therefor,  and    to  rei)eal  ^^^^^^^^^^   ^_^^ 
section      twenty-two      of      article      sixteen,      sections    emuie.i. 
ninety-nine     to     one     hundred      and     three    of     the 
same  article,  and  sections  thirty-three  to  forty-three  of 
article   eighty-eight  of    the  Code  of    Public    General 
Laws,"  be  and  the  same  is  repealed  and  re-enacted  so  as 
to  read  as  follows  : 

Any  such  corporation  formed  as  aforesrild  may,  witlisEc  m. 
the  consent  of  a  majority  of  the  owners  of  the  cai'if!>l*'ot*'"^;,;' "^^^^^^^ 
stock  of  such  corporation,  given  in  general  meeting, 
extend  their  lines  of  telegraph  into  any  other  State,  or 
may  construct  branch  lines  in  this  State,  or  any 
other  State,  or  may  lease,  sell  or  convey  its  property, 
rights,  privileges  and  franchises,  or  any  interest  there- 
in, or  any  part  thereof,  to  any  telegraph  comi)any  or- 
ganized under  or  created  by  the  laws  of  this  or  any  other 
State,  and.  may  acquire  by  lease,  purchase  or  convey- 
ance the  property,  rights,  privileg  .'S  and  franchises,  or 


JL 


(lato. 


Acknowledge. 


120 

any  interest  therein,  or  any  part  thereof  of  any 
telegraph  company  organized  under  or  created  by  the 
laws  of  this  or  any  otlier  State,  iqxMi  such  terms  and 
condiiionsasmay  be  agreed  upon  between  the  respective 
May  consoH  companies,  or  may  consolidate  with  any  other  telegra[>h 
company  or  incorporation  of  tliis  or  any  other  State, 
under  such  name  and  with  such  capital  stock,  and  upon 
such  terms  as  may  be  agreed  upon  between  such  com- 
panies or  corporations ;  and  whenever  such  consolida- 
tion as  aforesaid  is  made,  a  certificate  of  the  same,  and 
of  particulars  thereof,  shall  be  executed  and  acknowl- 
edged by  the  presidents  or  other  princii)al  offict'rs  of 
said  corporations  so  consolidating,  which  said  certificate 
shall  be  recorded  in  the  Clerk's  oHice  of  the  Superior 
Court  of  Baltimore  City,  if  the  principal  office  of  the 
said  consolidated  cor])oration  in  this  State  is  located  in 
Baltimore  City,  or  in  the  office  of  the  Clerk  of  the  Cir- 
cuit Court  of  that  county,  in  which  the  principal  office 
of  said  consolidated  company  in  this  State  is  located, 
and  when  said  consolidated  company  is  formed  it  shall 
be  subject  to  provisions  of  this  act  as  far  as  the  same  are 
applicable. 

And  be  it  enacted,  That  this  act  shall  take  effect  from 
and  after  the  day  of  its  passage. 

Approved  May  3,  1882. 


Sec. 2. 
Eflectivia. 


Sec. 1. 


LAWS  OF  MARYLAND. 


CHAPTER  231. 


An  Act  to  Enlarge  the  Powers  of  Railroad  Companies 
by  Authorizing  them  to  Transact  Express  and  Tele- 
graph Business. 

Be  it  enacted  by  the  General  Assembly  of  Maryland, 
That  every  railroad  company  of   this  State,  whether  in- 


121 


of  any 
»^cl  by  tlu' 
terms  and 
respective 
telegra[>ii 
lier  State, 
and  npon 
uoli  coni- 
consolida- 
sanie,  and 

acknowl- 
offictTS  of 
certificate 

Snperior 
ce  of  tl)e 
located  in 
:>f  the  CMr- 
ipal  office 
s  located, 
d  it  shall 
e  same  are 


corporated  nnder  the  genenil  rnilviad  law,  or  heretofore 
or  hereafter  iiicorpo'-.Hnl  nnder  any  special  act,  is 
lierehy  anthorized  to  do  iin  cxjjress  hnsiness,  chnrping 
reasonable  rates  tiierefor ;  inclnding  in  the  term  express 
bnsiness,all  thiit  cm  be  or  is  ordinarily  done  by  exi>ress 
('<)n\pani<'s  oiganized  for  such  i)nrpose;  and  every  smih 
raili-o:id  company  is  hereby  anthorized  to  construct,  operni.^  td.' 
niiiintnin  and  operate  telegraph  lines  and  to  do  a  general 
telegiai)h  business  for  the  public,  charging  reasonable 
rates  therefor,  subject  to  all  the  rules  and  regulations 
prescribed  by  law  for  the  transaction  of  telegrapii  busi- 
ness by  telegraph  con>])anies. 

And  be  it  enacted.  That  this  act  shall  take  effect  fromsK. 
and  after  the  clay  of  its  passage. 

Approved  Ajtiil  8,  1882. 


K'rapli  tinl•^ 


Effcclive. 


sflfect  from 


ompanies 
and  Tele- 


Maryland, 
hether  in- 


122 


LAWS  OF  MICHIGAN. 


[Compiled.] 


STATUTES  OF  1871., 


CHAPTER  80. 


(p.  873.) 


Skotion  1.  The  People  of  the  State  of  Michigan  enact, 
Tluit  any  number  of  persons  may  assfx'iate  for  tlie  pur- 
pose of  constriictin<i;  a  line  of  wires  of  telegraph  through 
this  State,  or  from  Jincl  to  any  point  within  this  State, 
upon  such  teims  and  conditions,  and  subject  to  the 
liabilities  prescribnd  in  this  act. 

Skc.  2.  Such  persons,  under  iheir  hands  and  seals, 
shall  make  a  certilicate  which  shall  specify  :— 

First. — The  name  assumed  to  distinguish  such  asso- 
ciation, and  used  in  its  dealings,  and  by  which  it  may 
sue  and  be  sued. 

Second,— 'VXw,  general  route  of  the  line  of  telegraph 
designating  the  points  to  be  connected. 

Fhird. — The  capital  stock  of  such  association,  and 
the  number  of  shares  into  which  the  stock  shall  be 
divided. 

Fourth. — The  names  and  places  of  residence  of  stock- 
holders, and  the  number  of  sliares  held  by  each  of  them 
respectively. 

Fifth. — The  term  of  its  existence  not  to  exceed  thirty 
years  ;  which  certilicate  shall  be  ])roved  or  acknowl- 


1L>:} 


ligaii  enact, 
Di-  tlie  piir- 
pU  through 
this  State, 
)ject  to  the 

and  seals, 

1  such  assn- 
lich  it  may 

>f  telegraph 

nation,  and 
ick  shall  be 

ice  of  siock- 
■ach  of  them 


!cceed  thirty 
)!•  acknowl- 


edged, and  recorded  in  the  oflice  of  the  Clerk  of  the 
County  where  any  office  of  snc^h  association  shall  be 
establisiu'd,  and  a  coi)y  thereof  iiled  in  the  oflice  of  the 
Secretary  of  State.  Such  acknowledgment  may  be 
taken  by  any  officer  authorized  to  take  the  acknowledg- 
ment of  deeds  of  real  estaie,  at  the  place  where  such  ac- 
knowledgment is  taken. 

Skc.  8.  Upon  complying  with  the  i)rovisi()ns  of  the  last 
preceding  section,  such  association  shall  be,  and  hereby 
is,  dechired  to  be  a  body  corporate  by  the  name  desig- 
nated in  said  certilicate  ;  and  a  copy  of  said  certilicate, 
duly  cerfilitMl  by  the  (Meik  of  the  (!ounty  where  the 
same  is  filed  and  recoided,  or  by  the  Secretaiy  of  th<^ 
State,  may  be  used  as  evidence  in  all  (Courts  and  i)laces, 
for  and  against  any  such  association. 

Skc.  4.  Such  association  shall  have  power  to  ])ur- 
chase,  receive  and  liold  and  convey  such  real  estate, 
and  such  only,  as  may  be  necessary  for  tiie  convenient 
transaction  of  the  business,  and  for  effectually  carrying 
on  the  operation  of  such  association,  and  may  ai)i)oint 
such  directors,  officers  and  agents,  and  make  such  pru- 
dential rules,  regulations,  and  by-laws  as  may  be  nec- 
essary in  the  transaction  of  their  business  nijt  inconsist- 
ent with  the  laws  of  this  State,  or  of  the  United  States. 
But  this  .section  shall  not  be  so  (ronstrued  as  to  author- 
ize any  such  association  to  hold  any  real  estate,  except 
such  as  shall  be  actiudly  occiiiiied  l)y  such  association 
in  the  exercise  of  its  franchises. 

Sko.  T).  Such  association  is  authorized  to  enter  uiioii, 
and  construct,  and  maintain  lines  of  telegraph  through, 
along,  and  upon  any  of  the  public  roads  and  highways, 
or  across  or  under  any  of  the  waters  within  the  limits  of 
this  State,  by  the  erection  of  the  necessary  fixtures,  in- 
cluding posts,  piers,  or  abutments,  for  sustaining  the 
cords  or  wires  of  such  lines.  Provided,  That  the  same 
sliall  not  be  so  constructed  as  to  incommode  the  ])ublic 
use  of  said  roads  or  highways,  or  injuriously  interrupt 


the  navigation  of  said  waters,  nor  shall  this  act  ^^  so 
construed  as  to  authorize  tlieconstrncHon  of  any  br.dses 
across  any  of  the  waters  of  this  State;  said  assixnatioii, 
instead  of  running  or  placing  their  wires  on  posts,  nvvy, 
if  they  choose,  run  or  phice  tiie  same  under  ground, with 
a  suitable  or  proper  covering  for  the  protection  of  tlie 
same  ;  and  any  part  of  this  act,  or  any  laws  made  or  to 
be  made  providing  for  the  appraisement  of  damages  to 
any  person  injured  by  the  construction  or  maintenance 
of  such  line  or  lines,  shall  be  construed  to  include  dam- 
ages occasioned  by  the  construction  of  said  lines  under 
ground,  as  provided  by  this  act. 

Skc.  G.  If  any  person  over  or  through  whose  lands 
said  lines  shall  i)ass,  upon  which  said  posts,  piers,  or 
abntmt^nts  shall  be  placed,  or  whose  lands  said  lines 
shall  be  run  under  ground,  shall  consider  himself  ag- 
grieved or  damaged  thereby,  it  shall  be  the  duty  of  the 
Circuit  Court  of  the  coumy  within  which  said  lands  are, 
on  the  application  of  sucii  person,  and  on  notice  to  said 
association  (to  be  served  on  the  President  or  any  direc- 
tor) to  appoint  three  discreet  and  disinterested  persons 
as  commissioners,  v/ho  shall  severally  take  an  oath  be- 
fore any  person  authorized  to  ad  minister  oaths,  faithfully 
and  impartially  to  perform  the  duties  required  of  them 
by  this  act ;  and  it  shall  be  the  duty  of  the  said  commis- 
sioners, or  a  majority  of  them,  to  make  a  just  and  equit- 
able appraisal  of  all  the  loss  or  damages  sustained  by 
said  applicant  bj  reason  of  said  lines,  posts,  piers,  or 
abutments,  which  appraisal  shall  be  in  writing,  signed 
by  said  commissioners,  or  a  majority  of  them,  and  tiled 
in  the  office  of  the  Clerk  of  "aid  Court.  Said  report  or 
appraisal  may  be  contirmed  by  said  court  at  any  term 
tliereof,  and  the  court  shall  appoint  some  day  when  it 
will  consider  said  report  or  appraisal  and  objections 
against  the  confirmation  thereof  on  tlie  part  of  all  parties 
interested  therein,  notice  of  which  day  shall  be  given  to 
said  association  by  service  thereof  on  the  President  or 
any  director. 


12.') 


act  ^'>  so 
ny  br.dges 
9S()(!iatioii, 
08ts,  ni'vy, 
'oun(i,with 
ion  of  tlio 
lade  or  to 
amages  to 
aintenance 
!lii(le  (iam- 
ines  midei* 

liose  lands 
=!,  piers,  or 
said  lines 
limself  as- 
uty  of  the 
lands  are, 
ice  to  said 
any  direc- 
}d  persons 
in  oath  bt^- 
I,  faithfully 
id  of  them 
d  commis- 
and  equit- 
3tained  by 
3,  piers,  or 
ing,  signed 
I,  and  filed 
d  report  or 
t  any  term 
ay  when  it 
objections 
'  all  parties 
be  given  to 
resident  or 


MICHI« AN 


ANNOTATED  STATUTES,  1882. 


Tit.  VIII.  Taxes  and  Duties. 


CHAPTER  28. 
Of  Specific  State  Taxes  and  Duties. 

The  People  of  tlie  State  of  Michigan  enact : 

That  all  telegraph  and  teleplume  lines  bnilt  and  <>P*^i"-«;i;j'-?;„  „, 
ated  within  the  State  of  ISIichigan,  shall  be  subjt^ct  to  [';;';Kr»iJi>^and 
taxation  as  hereinafter  provided.  ""«»• 

It  shall  be  the  duty  of  the  president,  vice-president, 
general  manager  or  superintendent  of  every  telegraph  or 
telephone  company  operating  a  line  or  exchange  in  this 
State.to  furnish  the  Auditor-General  on  or  before  the  first 
Monday  of  July  in  each  year,  a  statement  under  oath, 
and  in  such  form  as  the  Auditor-General  may  prescribe, 
siiowing  the  following  facts  : 

First.— The  total  number  of  miles  owned,  operated  or 
leased  within  the  State,  with  a  separate  showing  of  the 
number  leased. 

Seco7id.—T\ie  total  number  of  miles  in  each  separate 
line  or  division  thereof,  together  with  the  number  of 
separate  wires  thereon,  and  stating  the  counties  through 
which  the  same  is  carried  or  in  which  the  business  is 
conducted. 

Third.— 'J^he  total  number  of  telegraph  or  telephone 
stations  on  each  separate  line,  and  the  total  number  of 
telegraphic  or  telephonic  instruments  in  use  therein,  to- 
gether willi  the  total  number  of  stations  other  than 
railroad  stations  maintained. 


Four f 7i.— The  average  number  of  telegraph  poles  per 


ise 


Skc.  123S. 

OlIlciTS  ronsti- 
tiitliif;  hoard 
of  ri'vlnw. 

Duty  of. 


I'OWITS  of. 


I'er  ilium  of. 


SKO.  1230. 
Delermine  rnle 

of  tax  to  bo 

levied. 


"li'tlll 

Sk<-.  fiiO. 

When  tax-  due 

M 

and  payable. 

Sec.  lan. 
W  h  (1 1    lines 
exempt. 


triilB  used  in  the  const nicl ion   an<l  nmintenance  of  said 
telei^nipli  line. 

Fi/fk.— The  iHimlier  of  polf.s  and  flic  nuniber  of  wirjs 
used  for  each  telt'j)lioiit'  »'.\clianu<!  or  line. 

Upon  the  r<M'eii)t  of  tin'  said  statt-inent  from  tl.e  sev- 
eral (•onii)aiiies,  tin;  AinlitcM'-deiiHial,  State  Tit'asni'i'r 
and  Conmiissionei' of  tlie  Land  odioe,  who  are  hereby 
constituted  aboard  of  review  for  that  piirpose,sliall  diir- 
in<j;  the  month  of , Inly,  in  each  year,  proceed  to  assess 
said  tele<irai)h  and  telephone  lines  at  the  true  cash  value 
thereof.  Said  board  of  review  shall  have  power  to  per- 
stmally  inspect  the  line  and  instruments  of  any  tele- 
<>;rai)li  or  telei)lione  c()iii[)any  or  e.vehange,  and  shall 
each  be  entitled  to  the  sum  of  three  (b)llar.s  p  m-  (hiy,  for 
the  time  actually  spent  in  the  discharue  of  the  duties 
imposed  by  this  act,  to  be  allowed  by  the  board  of  State 
Auditors. 

The  .said  board  of  review  shall  also  at  the  same  time 
determine  the  rate  of  tax  to  be  levied  and  collected  upon 
said  as.sessmeiit,  which  shall  be  the  same  as  the  avera<;e 
rate  of  laxes,general,muiiicii)al  and  local,  levied  throu<^h- 
out  the  State  dniiiif^-  the  i)revious  year,  which  rate  shall 
be  ascertained  from  the  records  and  tiles  in  the  Auditor- 
Genera  Ts  oftice,  which  tax  shall  be  in  lieu  of  all  other 
taxes.  State  and  local,  and  shall  be  payable  to  the  State 
Treasurer. 

The  taxes  levied  as  provided  in  this  act  shall  become 
due  and  payable  to  tlie  State  Treasuier  on  Mie  tirst  day 
of  January  following-  the  levy  thereof,  and  if  said  taxes 
are  not  paid  as  hereinafter  provided,  the  State  shall 
have  a  lien  upon  any  line  upon  which  such  taxns  are 
not  paid  and  its  appurtenances,  and  for  all  taxes  which 
may  accrue  thereon  to  the  State  by  virtue  of  the  pro- 
visions of  this  act,  which  shall  have  precedence  of  all 
other  liens. 

Any  telegraph  or  telephone  line  wliich  may  be  owned 
and  operated  by  any  railroad  comi)any,  exclusively  for 
the  transaction  of  business  of  such  company,  shall  be 
exempt  from  the  provisions  of  this  act. 


iiV] 


ISf 


CO  of   said 


■r  of  wiris 

rii  tilt'  si'v- 
Tifasiirt'i' 
ire  hereby 
sliiill  (liir- 
l  to  asst.'ss 
•asli  value 
ver  to  per- 
any  tele- 
aii'.l  shall 
r  (lay,  for 
the  duties 
■d  of  State 

same  time 
H!ted  upon 


If  tho  officers  of  anyrompaiiy  fail  to  make  and  file  tlieSK^- >»««^^  ^^ 
report  required  by   seel  ion  two  of  the  act,  sutdi  neglect    p„rt  m.t  tc 
sluill  not    release  its  lines  from   taxatior,,    but  the  said    j;'^^"^;', ;:';";, 
board  of  review  shall  proceed  to  assess  the  line  notwith-    tax. 
standinjj;.     And  any  company   ne<,dectinK  or   failing  to  p,,„„„y  f^^  „„. 
make  the  statement  reciuired  by  section    two  of  this  act    kI"-'- 
shall   forfeit   not  less  than  live   hundred  nor  more  than 
ten  thousand  dollars,  in  the  discretion  of  the  Court,  to 
be  recovered  in  an  action  of  trespass  on  the   case  in  any 
Court  of  competenf  jurisdiction. 

Act  nund)er  seventy-nine  of  the  Session  Laws  of  s<-.-.  i.'«3. 
eighteen  hundred  and  seventy-nine,  approvetl  May 
twentieth,  eighteen  hundred  and  seventy-nine,  entitled  : 
"  An  Act  to  provide  for  the  assessment  and  taxation  of 
telegraph  lines  within  the  State  of  Micliignn,  and  all 
other  acts  or  parts  of  acts  contravening  the  provisions  of 
this  act  are  hereby  repealed." 


1  through- 
rate  sliall 
3  Anditor- 
f  all  other 
)  the  State 

ill  become 
e  first  day 
said  taxes 
State  shall 
taxt^s  are 
xes  wliicli 
f  the  pro- 
nee  of  all 

be  owned 
isively  for 
y,  shall  be 


MICHIGAN. 


A  NNO  TA  TED  ST  A  TV  TES— Continued. 


TlTI.K  XXXIX.  ClUMKS  ANDTIIK  PuNISHM  KNT  TIIKKKOF 


CHAPTER  324. 

Offences  AGAINST  Public  Policy. 

The  People  of  the  State  of  Michigan  enact : 
That  every  person  connected  with  any  telegraph  com  -  gee  ,«r.7. 
panv  in  this  State,  either  as  clerk,  operator,  mes-'-^'nger,  i'«"»aity  for 

X        *  '  wiltully 

or  in  any  other  capacity,  who  shall  wilfully  divulge  the 
contents  or  the  nature   of   the  contents  of  any  private 


128 

romtiiiiincation  cnfruHlpd  to  ]iim  or  lu-rfor  fransttiission 
or  (It'livci y,  or  wlio  .shall  wilfully  lofiisc  or  iic^Mt'ct  to 
transmit  or  (U'livcr  tlin  same,  sliull,  on  convit'lion  b-fore 
any  Court,  be  atlju(l«,'e(l  {,niiliy  of  a  niisdcnifanor,  nvA 
sliall  sufTer  iniprisoniufnt  in  tlie  county  jail  or  work 
liousH  in  the  county  where  such  conviction  shall  he  had, 
for  a  ternj  not  more  than  Ihrec  months,  or  shall  i)My  :i 
line  not  to  exceed  five  hundred  dolluia,  in  the  discretion 
of  tlu>  Court. 


M  I  C  H  I  U  A  N. 


PUIilJC  ACTHOF\m\. 


No.  72. 


An  Act  relatinf,M()  telephone  companies  and  to  rei^ujate 
the  use  and  rental  of  telephones  in  this  State     • 

SF.r.i.  '''•»«  I'eopleof  the  State  of  Michigan  enact,  That  it 

iviephoneoom- shall  be  the  duty  of  every  telephone  companv,   or  per- 

paiiies  to  re-  ^.  .        *^  '        ,      .  i        J  t  l     • 

ce.v,,  an.i«<"b  "'1".  <»"  Corporation,   engaged   in   the  business  of 
transmit  leasing  telephones  to  the  public,  or  supplying  the  Dub- 

mes»aKes,&c.  , .  •■..     .    i       i  n        ,       ,         .  i- i    J       ^  1    •  ' 

lie  With  telei)hones,  and  telephonic  servic  ,  or  ojjerating 
a  telephone  exchange,  to  receive  and  transmit,  without 
discrimination,  messages  from  and  for  any  other  com- 
pany, person  or  persons,  upon  payment  or  tender  of  the 
usual  or  customary  charges  therefor,  and  upon  payment 
or  tender  of  the  usual  or  customary  chaiges,  or  usual  or 
customary  rental  sum,  it  shall  be  the  duty  of  every  tele- 
phone compan}',  or  person  or  persons,  firm  or  corpora- 
tion, engaged  in  the  business  of  leasing  telephones  to 
the  public,  or  supplying  the  public  with  telephones  and 
telephonic  services,  or  operating  a  telephone  exchange, 
to  furnish  without  unreasonable dela}',  without discrim- 
pbone'wS,' i"»tion,  and  without  any  further  or  additional  charge  to 


nstTiission 

Ilt'^lt'Ct  to 

ion  '.'"forH 
aiior,  ;in<l 
or  work 
ill  l)t'  lijul, 
liiU  [y.yy  Ji 
ilisciution 


turos,  Bit' 


rei^iiliite 

:,  Tlmt  it 
r,  or  per- 
siiiess  of 
:  the  piib- 
oi)erating 
,  witliojit 
tlier  com- 
Ller  of  the 
payment 
r usual  or 
very  tele- 
•  corpora- 
Dliones  to 
lones  and 
xchange, 
tcliscrim- 
cliarge  to 


file  person,  firtn  or  f'orporation  applvinp    for  the  same,    flxt 
including  all  tdcgiaph   (•(»mpanies,    a  l.'l.'ph(tne  or  tele-    t,„„«.,„i,.rn 
]<hones,     with     all     th.-     proper    or     neeessary    wires    tmiMnw.x.- 
and       fixtures.       and        the       use       of       such       tele- 
phones,    wires,      and      fixinres,      as      well     as    eon- 
nection  with  the  central  otlice,  or  telephone  exchange, 
if  desired,  and  shall  connect  telei)h«)ne  of  such   person, 
lirm  or  corporation,  with  the  telei»hone  of  such   other 
person,  firm  or  corporation,  having  connection  with,  the 
same,  or  a  connecting  exchange  or  central  oflice,  when- 
ever rcipiested  SO  to  do,  without  regard  to  the  character 
of  the  message  to  be  transmitted,  provided  they  are  not 
obscene  nor  profane  ;  and  every  compatiy,  person,  lirm, 
or  corporation,  neglecting,  or  refusing   to   comply   with  j.,.^,,.^,  ^^ 
any  of  the  provisions  of  this  act,  shall   forfeit   all   right    iws«iof. 
to  transact  tele])hone  business  in  this  htate,  and  may  De 
enjoined    tlieivfrom,  and  from  leasing  telephones  to  the 
public,  from  supplying  the  piil)Iic  with  telephones  and 
telephonic  service,  and  from  operating  a    tele])hoiie   ex- 
change,   by    bill    of    complaint    tiled    in     any    Court 
of     competent     juriMliction,      by     any    person,    firm, ''';':';j;'_:J'" 
or  corporation,     injured,     interested     or    denied    any 
of  the  rights  herein  given  ;  or  such  person,  lirm  !)r  cor- 
poration neglecting  or  refusing  to  comply   with  any  of 
the  provisions  of  this  act,    shall    forfeit   not   less   than  Forfeitun-s. 
twenty-tive,  nor  more   than  one   hundred   dollars,    for 
each  and  every  day  such  neglect   or  refusal  shall   con- 
tinue, one-half  to  the  use  of  the  person,  tirin,  or  corpor- 
ation prosecuting  therefor. 
Approved  May  ad,  1883. 


or  rp- 
•oin- 
liuiiii'M,    how 
piiiilsliud. 


IRA  in 


l:{o 


LAWS   OF   MINNKSOTA. 


l,  Titha  ol"  tlif  Statutos  at    IiarK»'    of   Miriiu'sotu.     See 
liisMclLs  StatM.  Chicago,  187:^  p.  411». 

Skction  I.  Any  niiml't'r  of  persons,  not  less  titan 
live,  may  associate  tlieniselves  ami  l)ec(»me  incoiixtiateil 
for  tlie  j)urpose  of  biiildinu',  imi»iovin<;'  and  oi>erating 
railways,  telegraplis,  *  *  *  and  all  works  of  ititernal 
improvement  which  recpiire  the  taking  of  piivat*!  proi)- 
erty,  or  easement  therein. 

Sk(\  2.  They  shall  oiganizt^  by  adopting  and  signing 
articles  of  iiicorporati(»n,  wliicli  siiall  be  recorde(|  in 
tile  otIic<>  of  tile  Register  of  Deeds  of  tiiu  connty  wliere 
the  i)rincipal  i)lace  of  l)nsiness  is  to  be,  and  also  in  the 
office  of  the  Secretary  of  Slate,  in  books  kept  for  that 
purpose. 

Skc.  ;{.  Said  articles  shall  contain  :  . 

i'V;\9/.-Tiie  name  of  the  corporation,  the  general  na- 
ture of  the  l)usiness  and  tlie  principal  place,  if  any,  of 
transacting  the  same. 

.S>w;</7.— Tlie  time  of  comiii  ncement  and  the  i)eriod 
of  continuance  of  said  corpon't.oii. 

77//;y7,__The  amount  of  capital  stock  of  said  corpora, 
tion  and  how  to  be  paid  in. 

/,;,„,7//._Tlie  highest  amount  of  indebtedness  or 
liability  to  which  said  coriioration  shall  at  any  time  be 
subject. 

Fifth.— Tho  names  and  i)laces  of  residence  of  the 
persons  forming  such  association. 

aS'/.?'^//.— The  names  of  the  first  lV)ard  of  Directors, 
and  in  what  oflicers  or  persons  the  government  of  the 
corporation  and  the  management  of  its  affairs  shall  be 
vested,  and  when  the  same  are  elected. 


181 


•r  CliMptfr 
sola.     See 

It'SH  tltim 
I'oi  j)i»iat('(l 

optTiitiiij; 
)f  internal 
ivatt*  proit- 

11(1  si,<,Milns 
'cordt'il  ill 
iiify  where 
also  ill  tlie 
pt  for  that 


jtMieial  iia- 
,  if  any,  of 

the  ixn-locl 

id  corpora. 

tedness   or 
iiy  time  be 

nee  of    the 

Directors, 
leiit  of  the 
rs  si  1  all  be 


Serrnf/t.  -  'Vho  !iinnl)er  ami  amount  of   tJieMluires  in 
the  capital  stock  of  said  corporalioii. 

And  shall  be  published  for  four  siu'cessive  weeks 
in  some  news  japer  printed  and  ]>ublished  at  the  enpital 
of  the  State  ;  provitled,  That  in  cases  whrre  articles  (>f 
incorporation  have  been  adopted  and  si^'nt^l,  an  provided 
in  sections  two  and  three  of  this  chapter,  and  tiled  for 
I'i'cord  in  the  ofUce  of  the  Secretary  of  State,  the  i)nl)lic:i- 
tion  oF  the  same  for  oim  week  in  some  news{iaper  pub- 
lished at  the  cai)ilal  of  this  State,  Hliall  be  a  sntlicicnt 
publication  under  this  chapter,  and  upon  WWua  an  alti- 
davit  of  jn'oof  of  sindi  pnblication  in  the  onice  of  tin* 
siiid  Secietary  of  State,  the  peisons  named  in  such 
articles  shall  thertnpoii  become  a  corporation,  with  the 
authority  and  powers  in  this  chai)ti'r  provided  and  in- 
tended. 

Sku.  4.  (As  Mineiided  by  act  of  March  10,  ]HT.\.) 
When  articles  are  tiled,  iccorded  and  pnblished  as  afore- 
said, the  i)ersons  named  as  corporators  therein  become 
a  body  coipoiate,  and  are  authorized  to  pr<»ceed  to  carry 
into  elfeci  the  objects  set  forth  in  saidarticdes  in  acciord- 
aiice  with  the  pr(»visions  of  this  title,  and  shall  hav(!  jier 
petiial  succession,  sue  and  l)e  sued  by  its  corporate 
name,  and  have  a  common  seal,  which  it  may  alter  at 
pleasure,  may  render  the  interest  of  its  stockholders 
transf<'rable,  establish  by  laws  and  make  all  rules  and 
reiiiilations  deemed  expedient  for  the  management  of  its 
aifairs  in  accordance  with  law,  and  not  incompatible 
with  an  lionesi  purpose  ;  and  whenever,  after  the  adopt- 
ing, til  inj^f,  publication  and  recording  of  the  articles  of 
incorporation  as  pnjvided  in  seiJlion  three  of  this  (said) 
chapter,  and  the  creation  thereby  of  a  body  corpoi-ate  ; 
the  said  (Corporation  shall  resolve  to  alter,  modify,  or 
change  any  of  its  articles  of  incorporation,  such  corpo- 
ration may  by  resolution  duly  passed  at  any  regular 
meeting  of  the  directors  thereof,  adopt  a  new  article  or 
articles,  altering,  modifying,  or  changing  any  of  the 
original  articles  of  incor{)oration  ;  provided  such  altera- 
tion, modification,  or  change  shall  only  relate  to  and 


132 

affect  tho  name  of  such  incorporation,  the  general  na- 
ture of  its  business  and  the  principal  place  of  transact- 
ing the  same,  the  amount  of  its  capital  stock  and  how 
to  be  paid  in,  the  highest  amount  of  indebtedness  or 
liability  to  which  said  corporation  shall  at  any  time  be 
subject,  ami  the  number  and  amount  of  the  shares  of  its 
capital  stock;  and  provided,  furtlier,  that  no  such  new 
and  amended  articles  of  incorporation  shall  become  op- 
erative or  valid  to  alter,  modify,  or  change  such  original 
articles  of  incorporation  until  the  same  shall  be  filed, 
published  and  recorded  in  the  same  manner  and  with 
like  formalities  that  the  original  articles  of  incorporation 
are  now  required  to  be  filed,  published  and  recorded, 
and  when  so  adopted  the  said  amended  articles  of  incor- 
poration sliall  be  substituted  for  and  take  the  place  of 
the  original  articles  of  incorporation  so  amended. 

Skc.  5.  Contains  the  same  provisions  for  the  con- 
struction and  renewal  of  the  corporation  as  the  Iowa 
statutes. 

Skc.  9.  Provides  for  corporate  debts,  &c. 

The  private  property  of  each  stockholder  in  any  cor- 
poration formed  as  herein  provided  is  liable  for  corpo- 
rate debts  in  the  following  cases  : 

First. — For  all  unpaid  installments  on  stock  owned 
by  him  or  transferred  for  the  purpose  of  defrauding 
creditors. 

Second. — For  a  failure  bj^  the  corpc.ation  to  comply 
substantially  with  the  provision  aforesaid  as  to  organ- 
ization and  publicity. 

Third. — When  he  personally  violates  any  of  the 
provisions  of  this  title  in  the  transaction  of  any  business 
of  the  corporation,  as  officer,  director  or  member  thereof 
or  is  guilty  of  any  fraud,  unfaithfulness  or  dishonesty 
in  the  discharge  of  any  official  duty. 

Fourth. — To  the  amount  of  the  stock  held  or  owned 
by  him  in  all  cases. 

Skc.  13.    Awy  corporation  organized  or  reorganized 


\3\i 


sneral  na- 

transact- 
:  and  how 
edness  or 
y  time  be 
ares  of  its 

such  new 
econie  op- 
h  original 
il  be  filed, 

and  with 
»rporation 

recorded, 
s  of  incor- 
i  place  of 
ed. 

the  con- 
3  the  Iowa 


1  afiy  cor- 
for  corpo- 

•ck  owned 
lefra  tiding 

to  Comply 
3  to  organ- 

ly  of  the 
y  business 
)er  thereof 
dishonesty 

or  owned 


under  the  provisions  of  this  title,  may  obtain  the  riglit 
of  w:iy  over  and  across  any  lands  needed  for  the  con- 
struction of  any  railroad  or  telegraj^h  and  necessary 
sites  and  grounds  for  depots,  shops,  ******  and  a 
right  of  way  on  and  over  the  bed  of  any  river,  lake,  or 
water  course  and  the  banks  th«-reof  *  *  *  *  . 

Skc.  14.  And  the  following  sections  provide  tlie  mode 
of  assessing  the  damages  sustained  by  the  owners  of 
lands  appropriated. 

Sicc.  22.  Provides  for  appeals  from  assessment. 

Skc.  23.  Provides  that  the  prosecutors  of  the  work 
shall  not  be  delayed  if  the  corporation  will  lile  a 
bond. 

Skc.  28.  Any  telegraph  organization  organized  under 
this  title  has  power  and  right  to  use  the  public  roads 
and  highways  in  this  State,  on  the  line  of  their  route  for 
the  purpose  of  erecting  posts,  or  poles  on  or  above  the 
same  to  sustain  the  wires  or  fixtures  :  provided  that  the 
same  shall  be  so  located  as  in  no  way  to  interfere  witii 
the  safety  or  convenience  of  ordinary  travel  on  or  over 
the  said  roads  or  highways. 

B)/  Act  of  1867,  chap.  31,  Sec.  5,  it  was   provided 

that; 

The  owners  of  any  telegraph  line  constructed  and  in 
operation  within  the  limits  of  this  State  shall  pay  to  the 
State  an  annual  tax  of  forty  cents  per  mile  for  every 
mile  of  route  occupied,  in  lieu  of  all  other  taxes  which 
shall  be  paid  in  January  of  each  year  to  the  State 
Treasurer. 

Skc.  1  of  this  act  provides  for  the  punishment  of  any 
one  molesting  or  destroying  any  telegraph  line. 

Sec.  2  Provides  for  punishment  of  employees  for 
revealing  contents  of  messages. 


eorganized 


i;j4 


LAWS  OF  MlSSlSSIPri. 


CODE. 


IN   RELATION   TO  TELEGRAPH  COMPANIES. 


Ar(kU>6. 
Skc.  3430. 


Sec.  8431. 


Sec.  2433. 


All  compaiiie.s  or  associations  of  persons  incorporated 
or  organized  for  the  pnrpose  of  constructing  telagra[)h 
lines  in  this  State,  shall  be  authorized  to  construct  the 
S!ime,  and  to  set  up  and  erect  their  posts  and  fixtures 
along  and  across  any  of  the  public  highways,  streets,  or 
waters  in  this  State,  and  along  and  across  all  turnpikes, 
railroads  and  canals,  and  also  through  any  of  the  public 
lands  belonging  to  this  State  ;  but  the  same  shall  be  so 
constructed  iind  placed  as  not  to  interfere  with  the  com- 
mon use  of  such  roads,  streets  or  waters,  or  with  the 
convenience  of  any  land  owner,  more  than  may  be  avoid- 
able. And  in  case  it  shall  be  necessary  to  cross  any 
highway,  the  same  shall  be  so  constructed  to  cross  such 
hignway  at  right  angles. 

The  Board  of  Supervisors  of  any  county,  or  the  cor- 
porate authorities  of  any  town  or  city  through  which 
any  telegraph  line  may  run,  shall  have  power  and 
authority  to  regulate  within  their  respective  limits  the 
manner  in  which  the  same  shall  be  constructed  and 
maintained,  with  a  view  to  the  safe  and  convenient  use 
of  the  public  highways,  by  ])ersons  traveling  thereon  ; 
and  if  the  proprietors  of  any  telegraph  line  shall  refuse 
or  omit  to  comply  with  such  regulations,  they  shall  be 
liable  to  indictment,  ami  on  conviction  maybe  fined  not 
exceeding  one  hundred  dollars  for  each  offence  ;  and, 
moreover,  the  said  Hoard  (»f  Supervisors  or  coiporate 
authorities  of  such  town  or  city  may  cause  such  line  to 
be  al»ated  within  their  respective  jurisdiction  as  a 
nuisance. 

Such   companies  or  associations  shall  be  responsible 


:c. 


^ANIES. 

lorporatetl 
telagraj)!! 
istriu't  the 
1  fix  til  res 
streets,  or 
turnpikes, 
the  public 
duill  be  so 
li  thecoiu- 
I-  with  the 
f  be  avoid - 
cross  any 
::ross  sucli 

r  the  cor- 
igh  wliich 
ower  and 
limits  the 
iicted  and 
anient  use 
5  thereon  ; 
lall  refuse 
r  shall  be 
^  fined  not 
ice  ;  and, 
■  coiporate 
ell  line  to 
tioii  as   a 

^sponsible 


for  any  daniacies  wliich  any  person  may  sustain  l)y  the 
erection,  continuance  and  use  ..f  such  line,  and  the  lix- 
tures  ther.'of  ;  and  in  any  action  for  the  recovery  there- 
of, brouiilit  by  any  owner  or  possessor  of  land  over  or 
alonf,'  \\diich 'su.;h  line  mny  run,  dani:if.n's  shall  be 
assessed  for  the  permanent  continuance  of  siu-ii  line  and 
lixtures,  and  (Ui  payment  thereof  the  right  to  continue 
and  use  such  line  and  lixtures  shall  exist  as  if  by  leave 
and  license  of  the  owner  of  the  land. 

Such    c.ompaides    or    associations   shall   likewise  beSKcsm 
responsible  for  any  damagv  to  the  person  or  property  of 
another  by  the  falling  of  the  wires  or  otherwise,  if  such 
injury  shall  appear  to  have  been  occasioned  by  any  neg- 
ligence or  want  of  proper  care  in  the  construction,  super- 
vision or  management  of  said  line  ;    and  in  order  that 
persons  sustaining  an  injury  may  have  the  proper  rem- 
edy in  the  county  where  the  injury  may  be  sustained, 
all  such  companies  and  associations  shall  appoint  an 
agent  or  attorney  iti  each  county  through  which  their 
line  of  telegrap)'  may  run,  for  the  purpose  of  receiving 
service  of  all  process  in  suits  ag.dnst  such  company   or 
association.     Which  appointments  shall  be  in  writing, 
and  recorded  in  the  office  of  the  Chancery  CMerk,  and  all 
process  served  on  such  agent  or  attorney  shall  be  asgood 
and  elTectual  as  if  served  on  the  company  (U- association, 
or  the  individuals  composing  the  same,  and  if  any  such 
company  or  association  sliall  fail  to  appoint  such  agent, 
or  attorney,  the  process  may  be  served  on  any  agent, 
officer  or  operator  in  the  employ  of  said  company  or 
association,  and  the  return  of  the  Siieriff  or  other  officer 
executing  such  process  shall  be  good  evidence  that  such 
person  is  such  agent,  officer,  operator  or  employee. 

Such  companies  or  associations  shall  be  bound,  onsK(. a43J. 
apiilication  of  any  officer  of  this  State,  or  of  the  United 
States,  in  case  of  any  war,  insurrection,  riot  or  other 
civil  commotion  or  resistance  of  ])ublic  authority,  or  for 
the  prevention  and  punishment  of  crime,  or  for  the  ar- 
rest of  persons  suspected  or  charged  therewith,  to  give 
to  the  communications  of  such  officers,  immediate  dis- 


130 


L^ 


fHJ 


Bku.  :i43S. 


Sko.  843C. 


l)atch  at  the  price  of  ordinary  communications  of  the 
same  length,  and  if  any  officer,  agent,  operator  or 
employee  of  any  snch  company  or  association,  shall 
refuse  (>r  wilfully  omit  to  transmit  such  comniunicatirn 
as  aforesaid,  or  shall  designedly  alter  or  falsify  the 
same,  for  any  purpose  whatever,  the  person  so  olfend- 
ing  shall  be  lir.ole  to  indictment,  and  on  conviction  may 
be  fined  and  imprisoned  at  the  discretion  of  the  Coiut. 
If  any  person  shall  wilfully  injure  or  in  any  numner 
obstruct  or  interrupt  the  working  of  any  telegraph  line 
in  this  State,  or  shall  wilfully  destroy,  cut  down  or  in- 
jure any  post  or  other  support  of  the  wires,  .nsulators 
or  other  fixtures  necessary  to  the  working  of  said  tele- 
graph lines,  or  shall  cut,  break  or  destroy  the  wires,  or 
shall  place  any  wires  or  other  substance  whatever  in 
contact  with  or  touching  the  wires  or  other  fixtures  of 
said  telegraph  lines,  so  as  to  impede  or  in  otherwise  in- 
terfere with  the  operations  thereof,  or  shall  take,  carry 
away,  injure  or  destroy  any  of  the  posts,  wires,  insula- 
tors or  other  fixtures  or  things  belonging  to  such  tele- 
graph lines,  during  any  temporary  suspension  of  the 
operations  thereof  from  accidental  causes,  such  persons 
shall  be  liable  to  indictment,  and  on  conviction  may  be 
fined  not  exceeding  five  hundred  dollars  or  imprison- 
ment not  exceeding  six  montlis,  or  both,  at  the  discre- 
tion of  the  Court,  and  shall,  moreover,  be  liable  to  all 
damages  suffered  by  reason  thereof. 

If  any  superintendent,  operator  or  person  connected 
in  any  capacity  whatever  with  any  line  of  telegraph  in 
this  State,  shall  use,  or  cause  to  be  used,  or  make 
known,  or  cause  to  be  made  known,  the  contents  of  any 
dispatch  which  may  be  sent  or  received  over  such  tele- 
graph line,  without  the  consent  or  direction  of  the  party 
sending  or  receiving  the  same,  or  shall  fail  to  transmit 
all  dispatches  filed  at  the  office  of  which  lie  is  the  super- 
intendent or  operator,  for  transmission  to  any  other 
point,  without  divulging  or  making  public  the  contents 
or  purport  thereof,  without  like  consent,  aforesaid,  such 
jeson,  on  conviction  thereof,  shall  be  liable  to   be  fined 


m 


)ns  of  the 
perator  or 
;i()ii,  shnll 
lunifiatif  n 
alsify  the 
so  oifeiul- 
ction  may 
he  Coiirt. 
ly  manner 
jraph  line 
All  or  in- 
.iisulators 
said  tele- 
wires,  or 
hatever  in 
xtures  of 
lerwise  in- 
[ike,  carry 
es,  insula- 
such  tele- 
ion  of  tlie 
)h  persons 
n  may  be 
imprison- 
M  discre- 
ble   to  all 


not  exceeding?  five  hundred   dollars,  or  imprisoned  not 
exceeding  six  months,  or  both,  at  the   discretion  of  the 
Court,  but  this  article  shall  not  apply  to  any  dispatch 
of  a   public  nature  sent   with   a  view  to  general   pub 
licity. 

Any  person  who  sliall  intentionally,  or  negligently,  inSEc.  aros. 
any  wise  obstruct,  injure,  break  or  destroy,  or  in  any 
manner  interrupt  any  telegraph  line  in  this  State,  or 
communication  thereon  between  any  two  points  by  or 
through  which  the  "aid  line  may  pass,  shall,  on  convic- 
tion thereof,  be  fined  at  the  discretion  of  the  Court,  not 
more  than  one  thousand  dollars,  or  imprisoned  not 
longer  than  twelve  months,  or  by  both  such  fine  and 
ini])risonment. 


Code  of  Mississippi,  1871. 

In  suits  against  railroad  and  telegraph  companiessKcros 
brougiit  in  any  county  other  thr.n  that  in  which  their 
office  or  principal  place  of  business  may  be,  the  process 
may  be  served  on  any  station  agent,  or  sent  to  any 
county  in  which  such  office  or  principal  place  of  busi- 
ness may  be  located,  and  there  served,  as  herein  directed 
and  authorized. 


connected 
egraph  in 
,  or  make 
nts  of  any 
such  tele- 
the  party 
•  transmit 
the  super- 
any  other 
e  contents 
jsaid,  such 
o  be  fined 


How  Corporations  are  Formed. 

Telegraph  companies  may  be  created  in  the  modesEc.  ssdt 
hereinafter  designated,  and  shall  be  as  valid,  in  all  re- 
spects, as  if  such  incorporations  had  been  directly  and 
severally  created  by  legislative  enactment. 

The  persons  desiring  to  form  such  corporations  shall  ggo.aaos, 
draw  up,  in  writing,  an   agreement,  or  charter,  which 
shall  be  headed  as  follows  : 

The  Charter  of  Incorporation  of  (name  of  corpora- 
tion). The  charter  shall  contain,  in  clear  and  intelligi- 
ble language,  the  following  points :  First— The  pur- 
poses for  which  the  corporation   is  fonned.     Second — 


ilHW'— '  'WW 


i:s8 


Ski:.  2399. 


8K0.  aioo. 


Sec.  SIOI. 


SEC.  -HOi. 


Sec,  24P'j. 


Sec.  8404. 


The  names  of  the  persons  wlio  are  to  be  corporators. 
Tliird— TI  >  corp(»rate  name  by  which  t!ie  assoi'iallon  is 
to  be  Ivnown.  Foiirlii — The  powers  intended  to  be  ex- 
ercised. Fifth— The  period  for  which  the  corporation  is 
to  exist,  if  limited  in  point  of  Mme,  and  if  not,  a  state- 
ment tliat  there  is  no  time  tixed.  Sixth  -Anythinj^  else 
necessary  to  be  stated,  delininj^- tlie  re.spective  ri^ji-lits  and 
duties  of  the  corporations. 

The  cliarter,  tliiis  drawn,  sliall  be  sij^ned  l)y  tiu! 
corporators  and  ac^lvnowledged  as  conveyances  of  land 
are  directed  to  be  acivnowledged. 

The  charter  shall  then  be  submitted  to  the  (roverner 
of  the  State,  who  shall  take  the  advice  of  the  Attorney- 
General  as  to  the  constitutionality  of  the  provisions 
thereof.  If  the  (xoveiiior  ai)pi'ove  the  charter  he  sliall 
endorse  his  approval  ihereon  under  his  hand  and  the 
great  seal  of  the  State,  but  the  Governor  may,  in  his 
discretion,  require  amendments  or  allerations  to  be  made 
to  the  charter  before  approving  it,  or  he  may  refuse  to 
approve  it,  in  whi(di  (.'vent  the  corporation  shall  not  be 
foi'med. 

When  the  charter  is  thus  drawn  and  approved,  it 
shall  be  recorded  in  the  office  of  the  Secretary  of  State, 
and  in  the  office  of  the  Clerk  of  the  Chancery  Court  of 
the  county  in  which  the  corporators  may  propose  to 
carry  on  business,  or  conduct  the  society  affairs,  and 
the  original  chatter  shall  be  returned  to  the  coi-porators. 

When  the  corporate  act  has  been  approved  and  re- 
corded as  herein  required,  it  siiall  be  considered  that 
the  corpoiation  is  established,  and  they  may  commence 
the  corporate  business  or  proceedings,  according  to  the 
terms  fixed  by  the  charter. 

A  certified  copy  of  such  charter  from  either  office 
where  the  record  is  made  shall  be  admissible  as  evidence 
in  all  the  Courts  of  this  State. 

Charters  for  telegraph  companies  shall  state  the 
termini  of  the  proposed  line,  and  describe  the  general 
route  to  be  pursued,  and  they  shall  have  no  power  to 
build  any  other  line  under  that  charter. 


oiporators. 
soi'ialion  is 
to  be  ex- 
iporation  is 
lot,  a  stato- 
ytliiiif?  t'lse 
I  lights  ami 

^(1    l)y    tiu! 
es  of    land 


13}) 

When  corporations   formed   unde'r   this  charter  shall  sr.i-.iios. 
expire  by  limitation,  or  otherwise,  they  may  be  renewed 
by  observing;  all  tiie  requirements hereinbef(»re  stated. 

Suits    shall    be    instituted    against    corporations    insKo.aiio. 
county   where  their  place  of  business  may  be,  except 
that  railroad  and  telegraph  companies   may  be  sued  in 
any  county  where  they  may  commit  any  injury. 


d  (.Tt)veriier 
i  Attorney- 
!  provisions 
ter  111'  sliall 
lid  and  the 
may,  in  liis 
to  be  made 
y  refuse  to 
shall  not  be 

pproved,  it 
ry  of  State, 
iiy  Court  of 
propose  to 
affairs,  and 
iorporators. 

ved  and  re- 
dered  that 
•  commence 
ding  to  the 

itlier  office 
as  evidence 


[  state  the 
the  general 
10  power  to 


m 


14(1 


TELEGRAPH  LAWS  OF  MISSOUIII. 


State  of  Misnuiiri,  sh.  : 

T,  MioH.VKL  K.  McCluATii,  Secretary  of  State  of  tlie 
Stt.te  of  iMissouri,  hereby  certify  that  the  annextvl  j);i-;ea 
contain  a  full,  true  and  coniiilete  co])y  of  sections  '.):{  to 
110  inclusive,  of  an  act  of  the  General  Assembly  of  the 
State  of  Missouri,  entitled,  An  Act  to  revise  and  amend 
chapters  (iH,  64,  (i;")  and  0(5  of  the  General  Statutes  of  the 
State  of  Missouri,  con(!erning  corporations.  Approved 
May  3lst,  1879,  as  appears  by  compailuf?  the  same  with 
the  original  roll  of  said  act,  now  on  tile  as  the  law  directs 
in  this  office. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and 
affixed  the  seal  of  office  of  the  Secretary  of  State.  Done 
at  the  City  of  Jefferson,  this  thirtieth  day  of  June,  a.  d. 
eighteen  hundred  and  seventy-nine. 


[L.  S.J 


MICU'L  K.  McGRATH, 

Secretary  of  Slate. 


An  Act  to  revise  and  amend  Chapters  03,  04,  0.5  and  66 
of  the  General  Statutes  of  the  State  of  Missouri, 
concerning  Corporations. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Missouri  as  follows  : 

TELEGRAPH  AND  TELEPHONE  COMPANY 
INCORPORATION. 

Sec.  93.  Any  number  of  persons,  not  less  than  five, 
being  subscribers  to  the  stock  of  any  contemplated  tele- 
phone or  magnetic  telegraph  company,  may  be  formed 
into  a  corporation  for  the  purpose  of  constructing,  own- 


141 


RI. 


State  of  the 
next'd  ])a,L((^s 
fctions  '.);{  to 
iiubly  of  till! 
:  and  aiuetul 
itiitt^s  of  tlie 
,  Approved 
e  same  with 
e  law  directs 

iiy  hand  and 
•itate.  J)one 
•f  .June,  A.  1). 

tATFl, 

/  of  State. 


in^,  operating  and  inaintainiiifj:  lines  of  telephone  or 
magnetic  telegraph,  npon  complying  with  the  following 
re(piirements  :  wlienev<M' stock  to  the  amount  of  not  less 
than  twenty  thousand  d(»llars  shall  have  been  subscribed 
lov  the  purpose  of  forming  a  telegrajih  company,  or  live 
thousand  (Utllars  for  the  ])nrpose  of  forming  a  telephone 
comi)any.  the  subscribers  to  such  stock  shall  elec^t  from 
among  thems(dves  such  I'dmber  of  directors,  not  less  than 
tliree  nor  more  than  thirteen,  as  they  may  deiermine, 
and  shall  sev«'rally  snbscribearticlesof  association,  whicih 
shall  set  forth  the  name  of  the  corpor'  i,  the  amount 
of  the  capital  stock  of  the  comp;  ,  the  nund)er  of 
directors,  the  amount  of  «'ach  share  of  stock,  tlie  number 
and  names  of  the  subscribers  to  the  stock  of  the  com- 
pany, and  the  nund)er  of  shares  of  sto(rk  taken  by  each 
subscriber,  the  location  of  the  principal  office  or  place 
of  business  of  the  company,  and  the  names  of  its 
authorized  agents  thereat,  which  shall  be  verified  by  the 
affidavit  of  at  least  three  of  the  subscribers  thereto,  and 
shall  pay  into  the  State  treasury  lifty  dollars  for  the  first 
fifty  thousand  dollars  or  less  of  itsca])ital  stock,  and  the 
further  sun\  of  five  dollars  for  every  additional  ten  thou- 
sand dollars  thereof. 


B4,  05  and  6Q 
i)f   Missouri, 


f  the  State  of 


)MPANY 


ss  than  five, 
mplated  tele- 
,y  be  formed 
lucting,  own- 


ARTICLES  OF  ASSOCIATION. 

Si<:c.  94.  The  articles  of  association  shall  be  filed  in 
the  office  of  the  Secrt^tary  of  State,  who  shall  record  and 
carefully  i)reserve  the  same  in  his  ofhce,  and  thereupon 
tlie  subscril)era  and  the  persons  who,  from  time  to  time, 
shall  become  stockholders  in  such  company,  and  their 
successors,  shall  be  a  body  jwlitic  and  corporate,  by  the 
name  stated  in  such  articles  of  association,  and  shall 
have  power  to  construct,  own,  operate  and  maintain 
lines  of  telephone  and  magnetic  telegraph  bet.veen  such 
points  as  they  may,  from  time  to  time,  deternnne, 
and  to  make  such  reasonable  charges  for  the 
use  of  the  same  as  they  may  establish  ;  and 
shall  have  power  to  lease  or  attach  to  their  lines 
other  telephone  or  telegraph  lines  by  lease   or  pur- 


142 

rhase  ;  and  nioetings  of  tlio  stockholders  or  of  tlie  direc- 
tors of  such  corporation  may  \w  libld  for  tlie  transaction 
of  business  as  well  witliout  as  within  tliis  State.  A  crpy 
of  the  articles  of  association,  certitied  by  the  Secretary 
of  State  or  his  deputy,  under  the  Seal  of  the  State,  shall 
h^  prima  facie  evidence  of  the  incorporation  of  such 
company,  and  of  the  facts  stated  therein.  Any  such  cr)m- 
l)any  through  its  board  of  directors,  with  the  consent  of 
the  persons  holding  the  larger  amount  in  value  of  the 
stock,  shall  have  power  to  reduce  its  capital  stock  to  any 
amount  not  below  the  actual  cost  of  construction,  and  in 
like  manner  and  with  like  consent  to  increase  the  capital 
stock  from  time  to  time,  as  in  their  judgment  may  be 
necessary,  not  exceeding  an  amount  which,  when  fully 
paid  up,  shall  be  required  for  tlie  business  of  the  com- 
pany, which  consent  shall  be  obtained  in  the  manner 
])rescribed  by  law. 


ELECTION  OF  DIRECTORS. 

Skc.  95.  There  shall  be  an  annual  election  of  directors 
to  serve  for  (he  ensuing  year,  notices  of  which, appoint- 
ing a  time  and  place,  shall  be  given  by  the  directors 
chosen  as  provided  by  law,  for  the  lirs^  iiinual  election, 
and  thereafter  by  their  successors  in  othce,  which  notice 
shall  be  published  not  less  than  twenty  days  previous 
thereto  in  a  newspaper  published  in  the  county  where 
the  principal  office  of  the  company  shall  be  situated. 
Thn  directors  shall  hold  their  offices  for  one  year,  and 
until  I  heir  successors  are  duly  elected  and  qualified, 
'i'hey  shall  elect  one  of  their  luunber  to  be  president  of 
the  company,  and  nuty  appoint  siu^h  other  officers  nnd 
agents  as  nuiy  be  prescribed  by  the  articlesof  association 
or  by-laws  of  the  company. 

Sko.  90.  No  person  shall  be  cliosen  a  director  who  is 
not  a  stockholder  owning  stock  absolutely  in  his  own 
right,  and  qualified  to  vote  at  the  election  at  which  he  is 
chosen,  ami  all  elections  for  diitotors  shall  conform  to 
the  requirements  of  law  governing  private  corporations. 


MU 


)f  tlie  (lirec- 
transaction 
\te.  A  crpy 
le  Secretary 
Stati',  shail 
ion  of  such 
V  such  com- 
e  consent  of 
alue  of  the 
stock  to  any 
tion,  and  in 
?  thecapitul 
ent  may  be 
when  fully 
:)f  the  coni- 
the  manner 


of. directors 
ch.appoint- 
lie  directors 
lal  election, 
which  noticie 
ys  previous 
junty  wiiere 
be  situated, 
le  year,  and 
d  qualified, 
president  of 
officers  and 
f  association 

?ctor  who  is 
in  liis  own 
:,  which  he  is 
conform  to 
orporations. 


POWKUS  OF  i)II?K(T()I{S  AND  COMPANY. 

Sl'.c.  '.)7.  Tht'  bo:ii(|  ol'  dirt'ilors  may  at  any  lime  meet 
for  the  transaction  of  business,  upon  a  call  of  the  presi- 
di'iit  of  Mie  company. 

Skc.  !»S.  ('(imi)anies  oi'<fani/t'd  under  (lie  provisions 
of  this  net,  for  tlie  piirpos*^  of  const  met  iui^  ami  maiu- 
taininu;  iclcphone  or  majj;neiic  fel('<j:raph  liucs,  aie 
aMtlioii/.rd  to  .set  their  p(des,  pji'rs,  abutments,  wiresaud 
otiier  lixiures,  alon^' ami  across  any  of  the  pul)lic  roads, 
streets  and  waters  of  this  State,  in  such  maimer  as  not 
to  incommode  tlie  iMil)lic  in  tin-  use  of  sudi  loads,  stiecls 
and  waters. 

Skc.  !»!».  Such  companies  MIC  also  aiithori/.i'd  to  enter 
upon  any  land,  whether  owned  by  private  persons  iii  fee 
or  in  any  less  estate,  or  by  any  cori»oiation,  whether  ac- 
quired by  purciiase  or  by  virtue  of  any  provision  in  the 
charter  of  such  corpora(i'>u,  for  the  purpost;  of  making 
preliminary  surveys  and  examiiialioiis,  with  a  view  to 
the  erection  of  any  tt'lephom;  or  tele<;raph  lines,  and 
from  lime  to  lime  to  appropriate  so  much  of  said  lands 
as  may  be  necessary  to  erect  such  poles,  ])it'rs,  abiil- 
nienls,  wiresaud  oili'r  necessary  fixtures  fora  teb'i»Iioiie 
or  magnelic  telegrapii,  and  to  make  sindi  changes  of 
location  of  any  part  of  said  lines  as  may,  from  time  to 
time,  be  deemed  n^'(!essary,  and  sliall  have  a  right  of  ac- 
cess to  construct  said  line,  and  when  erected,  from  time 
to  time,  as  may  be  recpiired,  to  rei)air  the  same  ;  and 
may  proceed  to  obtain  the  right  of  way,  and  to  conde'inii 
said  lands  in  the  manner  i)rovided  by  law. 

Skc.  100.  No  company  shall  have  power  to  contract 
with  any  owner  of  land  for  the  right  to  erect  or  main- 
tain a  telephone  or  telegr'ii)h  lin  ;•  over  his  lands,  to  the 
exclusion  of  the  other  companies  organized  under  the 
provisions  of  this  act. 

Skc.  101.  Any  company  incorporated  as  herein  pro- 
vided mav  contract,  own.  use  and  maiiilain,  any  line  or 
lines  of  telephone  or  magnetic  telegiaph,  whether  wholly 


t4« 

vvitliin  or  wholly  or  partly  beyond  tli«»  limits  of  this 
State,  and  nliall  have  power  to  lease  or  attach  to  tlio 
line  or  lines  of  snch  company,  other  telephone  or  tele- 
graph lines,  by  lease  or  purchase,  and  may  join  with 
any  other  corporation  or  association  in  constrncting, 
leasing,  owning,  using,  or  maintaining  their  line  or  lines, 
upon  such  terms  as  may  be  agreed  upon  between  the 
diiectors  or  managers  of  the  respective  coip(»rations. 
and  may  own  and  hold  any  interest  in  such  line  or  lines, 
or  become  lessees  thereof,  on  sjich  terms  as  the  respec- 
tive corporations  may  agree. 

DUTIES  AND  OHLIGATIONS  OF  COMPANIES. 

Skc.  lO'i. — It  shall  be  the  duty  of  every  telephone  or 
telegraph  comi)any,  incorporated  or  unincorporated, 
operating  any  telephone  or  telegraphic  line,  in  this 
State,  to  receive  despatches  from  and  for  other  telephone 
or  telegraph  lines,  a!id  from  or  for  any  individuals,  and, 
on  payment  or  tender  of  their  usual  (diarges  for  trans- 
mitting despatches,  as  established  by  the  rules  and  regu- 
lations of  such  telei)hone  or  telegraph  line,  to.  transmit 
the  same  with  impartiality  and  good  faith,  under  a 
penalty  of  one  lumdred  dollars  for  every  neglect  or  re- 
fusal so  to  do,  to  be  recovered,  with  costs  of  suit,  by 
civil  action,  for  the  benetit  of  the  ])erson  or  persons  or 
company  sending  or  desiring  to  send  such  despatch. 

Skc.  103. — Where  the  person  sending  the  despatch 
desires  to  have  it  forwarded  over  the  lint»s  of  other  tele 
phone  or  telegraph  companies,  whose  termini  are  re- 
spectively within  the  limitsoT  the  usual  delivery  of  such 
companies,  to  the  place  of  timd  destination,  and  shall 
tender  to  the  first  company  the  amount  of  the  usual 
charges  for  the  despatch  to  the  ])lace  of  final  delivery, 
it  shall  be  the  duty  of  the  company  to  receive  the  same, 
and  without  delaying  the  despatch,  to  pay  to  the  suc- 
ceeding line  the  necessary  charges  on  the  remaining  dis- 
tance ;  and  it  shall  be  the  duty  of  the  succeeding  line  or 
lines  to  accept  the  same,  and  forward  the  despatch  in 


i4r) 


nits  of  this 
tiicli  to  tllH 
lie  or  ti'lti- 
>'  join  with 
iiMtriirtin^, 
lie  or  lines, 
'tween  the 
rporations. 
ne  or  lines, 
the  respec- 


PANIES. 

lephone  or 
corpora  ted, 
ne,  in  this 
r  telephone 
duals,  and, 
s  for  trans- 
!s  and  re<<u- 
to.  transmit 
li,  under  a 
;leet  or  re- 
of  suit,  by 
•  p'Tsons  or 
^spatch. 

e  despatch 
f  other  tele- 
lini  are  re- 
/ery  of  such 
1,  and  shall 
'  the  usual 
il  delivery, 
'e  the  same, 
to  the  suc- 
nainin<?  dis- 
?ding  line  or 
lesi)atch  in 


the  sanu»  manner  as  if  the  pors(»n  sending  the  same  had 
np|)lied  to  tlie  agent  or  operator  of  sMcli  line  or  lines  in 
person,  and  paid  to  him  tlie  usual  charges;  and  for 
omitting  so  to  do  the  (■omi)any  or  companies  owning  or 
operating  siudi  line  or  lines  shall  severally  he  lial)le  to 
the  penalty  prescribed  in  the  lo'id  section  of  this  act. 

DUTIES  OF  EMPLOYEES. 

Sk(;.  104.  -  In  all  cases  where  application  is  made  to 
any  telephone  or  t«'legraph  comi)any,  or  the  oj)erator, 
agent,  cli'rk  or  sei'vant  thereof,  to  sfud  a  despiitcli,  it 
shall  be  the  duty  of  su(di  operator,  agent,  clerk  or  ser- 
vant who  may  leceive  des[)atclies  at  that  slatiou,  plainly 
to  inform  the  ajjpliciint,  and,  if  re(iuired  by  him,  to 
write  upon  the  despatch  that  the  lint;  is  iu)t  in  working 
order,  or  that  the  (lespat'lics  already  on  hand  hn-  trans- 
mission will  occupy  tln'  time,  so  that  the  despatch 
offered  cannot  be  trail-  uitted  within  the  time  reciuin-d, 
if  the  fa(;ts  be  so  ;  and  for  omitting  so  to  do,  or  for  in- 
tentionally giving  false  information  to  the  applicant  in 
relation  to  tlie  time  within  which  the  despatch  olF»;red 
may  be  sent,  such  operator,  agent,  clerk  or  servant,  and 
the  company  by  which  he  is  emi)loyed,  shall  iiuair  a 
like  penalty  as  in  the  l()2d  section  of  this  act  is  pre- 
scribed. 

Si;(\  105.— If  any  officer,  manager,  agent  or  operator 
of  any  telephone  or  telegraph  line  operating  in  this 
State,  or  any  other  person,  shall  knowingly  transmit  by 
such  telephone  or  telegraph  line  any  false  communica- 
tion or  intelligence  with  intent  to  injure  any  one,  or  to 
speculate  in  any  article  of  merchandise,  conjmerce  or 
trade,  or  with  intent  that  another  may  do  so,  or  shall 
knowingly  send  or  deliver  any  despatch  that  is  forged 
or  not  authorized  by  the  person  whose  name  jMirportsto 
be  signed  thereto,  shall  on  conviction  thereof,  in  the 
Court  having  criminal  jurisdiction  in  the  proper  county, 
be  liable  to  the  same  penalty  as  is  provided  in  the  102d 
section  of  this  act. 


' 


LIABILITIES  AM)  RESTRICTIONS. 

Skc.  lOC.-Every  telepVione  or  telegraph  company 
now  organized,  or  which  may  hereafter  be  organized, 
under  the  hiws  of  tliis  State,  shall  be  liable  for  special 
damages  occasioned  by  the  failure  or  negligence  of  their 
operators  or  servants  in  receiving,  copying,  transmit- 
ting or  delivering  despatches  ;  and  for  the  disclosure  of 
any  of  the  contents  of  any  private  despatches  to  any 
person  other  than  to  liiin  to  whom  it  was  addressed,  or 
to  his  agent,  tliey  shall  be  liable  to  the  sender  of  the 
despatch  and  to  the  person  to  whom  it  was  addressed, 
in  the  sum  of  iifty  dollars  to  each,  recoverable  by  an 
action  before  a  justice  of  tiie  peace,  and  for  all  si)ecial 
damages  in  addition  thereto. 

Skc.  107.— The  Mayor  and  Aldermen,  v  Board  of 
Common  Council  of  any  city,  and  the  trustees  of  any 
incorporated  town  througli  which  the  lines  of  any  tele- 
phone or  telegra])h  company  are  to  i)ass,  may,  by  or- 
dinance or  otherwise,  specify  wliere  the  posts,  piers  or 
abutments  shall  be  located,  the  kind  of  posts  that  shall 
be  used,  the  height  at  which  tiie  wires  shall  be  run  ; 
and  such  company  shall  be  governed  by  the  regulations 
thus  prescribed  ;  and  after  tlie  erection  of  said  tele- 
phone or  telegrai)li  lines,  tlie  said  Mayor  and  Aldermen, 
or  Board  of  Common  Council,  and  the  trustees  of  any 
incorporated  town,  shrtll  have  power  to  direct  any  al- 
teration in  the  location  or  erection  of  said  posts,  piers 
or  abutments,  and  also  in  the  heiglit  ar  which  the  wires 
shall  run,  having  first  given  such  company  or  its  agents 
opportunity  to  be  heard  in  regard  to  such  alteration. 

DESTRUCTION  OE  PROPERTY-MISDEMEANOR. 

Sec.  108.— Any  person  who  shall  unlawfully  and  in- 
tentionally injure,  molest  or  destroy  any  of  the  lines, 
posts,  piers,  {ibutments  or  other  material  or  ])rop<'rly 
pertaining  to  any  line  of  telephone  or  magnetic  tele- 
graph erected  in  this  State,  shall  be  deemed  guilty  of  a 


147 


IONS. 

apli  company 
be  organized, 
ble  for  special 
igence  of  their 
•ing,  transniit- 
3  disclosure  of 
)atclies  to  any 
1  addressed,  or 
I  sender  of  tlie 
vas  addressed, 
iverable  by  an 
for  all  si^ecial 


,  cr  Board  of 
trustees  of  any 
les  of  any  tele- 
lis,  nuiy,  by  or- 
posts,  piers  or 
)osf;s  that  shall 
shall  be  run  ; 
the  regulations 
n  of  said  tele- 
and  Ald"rnien, 
trustees  of  any 
I  direct  any  al- 
lid  posts,  piers 
vhich  the  wires 
ly  or  its  agents 
h  alteration. 

^DEMEANOR. 

awfully  and  in- 
\y  of  the  lint^s, 
ial  or  ])rop<'rly 
magnetic  tele- 
nied  guilty  of  a, 


misdemeanor,  and  shall,  upon  conviction,  be  punished 
by  fine  not  exceeding  live  hundred  dollars,  or  by  im- 
piisonment  in  the  county  jail  not  exc^eeding  one  year, 
or  both,  by  such  fine  and  imprisonment,  at  the  discre- 
tion of  the  Court  having  cognizance  thereof. 

CONSOLIDATION. 

v^K(,,  109.— Any  telegraph  company  now  organized,  or 
which  may  hereafter  be  organized,  under  the  laws  of 
this  State,  may  at  any  regular  meeting  of  the  stock- 
holders thereof,  by  vote  of  persons  holding  a  majority 
of  the  shares  of  the  stock  of  such  company,  unite  or 
consolidate  with  any  other  company  (U-  companies  now 
organized,  or  which  may  hereafter  be  organized,  under 
the  laws  of  the  United  States,  or  of  any  Slate  or  Terri- 
tory, by  consent  of  the  company  with  which  it  may 
consolidate  or  unite,  and  such  consolidated  company  so 
formed  may  hold,  use  and  enjoy  all  the  rights  and 
privileges  conferred  by  the  laws  of  Missouri  on  com- 
panies separately  organized  under  the  provisions  of  this 
act,  and  be  subject  to  the  same  liabilities. 

Skc.  110.— All  corporations  formed  under  this  act 
shall  possess  all  the  powers  and  privile'^es  granted  to 
corporations  by  an  act  relating  to  the  general  powers  of 
private  corporations  and  be  subject  to  all  tlie  provisicms 
thereof,  except  as  herein  otherwise  provided. 

The  appropriation  and  valuation  of  lands  taken  for 
Telegraph,  Telei)hone,  gravel  and  plank  or  llailroad 
purposes. 

Skc.  111.— In  case  lands  or  other  property  are  sought 
to  be  appropriated  by  any  road,  railroad,  telephone,  tele- 
graph, or  other  corporation  created  under  the  laws  of 
this  State,  for  public  use,  and  such  corporation  and  the 
owners  cannot  agree  upon  the  proper  compensation  to  be 
paid,  or  in  case  the  owner  is  incapable  of  contracting,  be 
unknown,  or  be  a  non-  resident  of  the  State,  such  corpora- 
tion may  apply  to  the  Circuit  Court  of  the  County  where 
said  land  or  any  part  thereof  lies,  or  the  Judge  thereof  in 


148 

vacation,  by  petition,  setting  forth  tlio  general  directions 
in  which  it  is  desired  to  construct   their  road,  I'ailroad, 
telephone  or  telegraph  line  ovei' such  lands,   a    descrip- 
tion of  the  real  estate   over  other   property  which    the 
company  seeks  to  acqnire,    the   names  of   the  owners 
thereof,  if  known,  or  if  unknown,  a   i)er(ineiit  descrip- 
tion of  tlie  property  whose   owners  are   nid<nown,    and 
praying  the  aj)pointment   of   three  disintei'ested   free- 
holders as  comnnssioners,  or  by   a   jury   to  assess   the 
damages  which  sncli  owners   may   severally  sustain   in 
conseqnence  of  the  establishment,  erection  and  mainten- 
ance of  snch  road,  railroad,  teleiihone  or  telegiajjli   line 
over  snch  lands,  to  which  petition  the  owners  of  all  snch 
parcels  as  lie  within  the  county  or  circnit.  shall  be  made 
parties  defendant,  by  name  if  tiie  names  are  known,  and 
by  the  description  of  the  unknown  owners  of  the  laiids 
therein  described,  if  their  names  are  unknown.     If   the 
proceedings  seek  to  affect  (he   lands   of  persons   under 
gnardianshij),  tlie  guardians  mnst  be  made   parties   de- 
fendant ;  if  the  land  of  mai-ried  women,  their  hnsbands 
must  be  nmde  jiarties  defendant.     If  the  present  owners 
of  any  lands  to  be  affected,  has  a  less  estate  than  a  fee, 
the  person  having  the  next  vested  estate  in   remainder 
may,  at  the  option  of  the  petitioners,   be   made   party 
defendant ;  but  if  such  remainder   men   are  not  made 
parties,  their  interest  shall  not   be  bound   by  the  pro- 
ceeding.    It  shall  not  be  necessar^  to  make  any  persons 
])artj  defendant  in   respev;;    to  their  ownership,  unless 
they  are  either  in   actual    possession  of   the  premises 
to  be  affected,  claiming  title  or  have  a  title  to  the  prem- 
ises, appearing  of  record  upon  the  projier  records  of  the 
county. 

PETITION,  NOTICE,  ETC. 

Sec.  112. — Upon  the  filing  of  the  petition,  a  sunimons 
shall  be  issued,  giving  such  owner  at  least  ten  days'  no- 
tice of  the  time  when  said  petition  will  be  heard,  which 
summons  shall  be  served  by  the  sheriff  of  the  county, 
in  the  same  manner  as  writs  of  summons  are  or  may  be, 


140 


il  directions 
id,  I'jiilroad, 
a   descrip- 
wiiicli    the 
the  owners 
^tit  d(^s('iii)- 
viiown,    and 
I'ested    free- 
»   assess    tlin 
J  sustain   in 
ind  niainten- 
l»*^ra])li  line 
s  of  all  such 
all  he  made 
known,  and 
of  the  laiids 
iwn.     If   the 
isons    midei' 
patties    de- 
ir  hnshands 
esent  owners 
e  than  a  fee, 
n   remainder 
made   party 
re   not  made 
by  the  pro- 
?  any  i)ersons 
rship,  unless 
the  premises 
to  the  piem- 
ecords  of  the 


I,  a  summons 
ten  days'  no- 
lieard,  wliich 
the  county, 
re  or  may  be, 


by  law  rt'([uired  to  be  served.  If  the  name  or  residence 
o!"  the  owner  be  unknown,  or  if  the  owners,  or  any  of 
tlifin,  do  not  leside  wilhin  (he  Slate,  notice  of  the  time 
of  hearing  the  i)etition,  reciting  the  substance  of  the  pe- 
tition and  the  day  fixed  foi-  the  hearing  thereol',  shall  be 
given  by  publication  for  thive  weeks  consecutively,  prior 
to  the  time  of  he!'  ing  the  jietition,  in  a  newspai)er  pub- 
lished in  the  county  in  which  the  proceedings  are  pend- 
ing, if  one  is  publishedin  thecounty,  or  if  no  newspaper 
is  published  in  the  county,  or  tiie  ])ublisher  shall  refuse 
to  ])ublish  the  same,  on  tender  of  his  usual  charges  for 
advertising,  then  by  posting  up  said  notice  for  three 
consecutive  weeks  at  tiiedoor  of  the  Court  House  of  the 
county  wherein  the  latids  or  any  portioti  of  them  lie. 

APPOINTMENT  OF  COMMISSIONERS. 

Si:(".  1  la- The  Court,  or  Judge  tiiereof,  in  vacation, 
oti  beitig  satisfied  that  due  notice  of  the  pendeticy  of  the 
])etitioti  has  beeti  given,  shall  appoint  three  disititerest- 
ed  cotntnissioners,  who  shall  be  freeholders  resldetit  of 
the  county  iti  which  the  real  estate  or  a  part  thereof  is 
situated,  to  assess  the  damages  which  the  owners  may 
severally  sttstain  by  reason  of  such  appropriation,  who, 
after  having  viewed  the  property,  shall  forthwith  re- 
turn, under  oath,  such  assessment  of  datnages  to  the 
Clerk  of  such  Court,  setting  forth  the  amount  of  dam- 
ages ;  and  should  more  thati  one  owner  be  included  in 
tiie  petition,  then  the  damages  allowed  each  shall  be 
stated  separately,  together  with  a  specific  description  of 
the  property  for  wliich  such  datnages  are  assessed,  and 
the  clerk  shall  file  said  report,  and  record  the  satne  iu 
the  order  book  of  the  Court  ;  and  thereupoti  sucli  com- 
l)atiy  shall  pay  to  the  said  clerk  the  amount  thus  as- 
sessed, for  the  party  in  whose  favor  such  damages  have 
been  assessed  ;  and  oti  makitig  such  payment  it  shall  be 
lawful  for  such  compatiy  to  hold  the  interest  iti  the 
property  so  appropriated  for  the  uses  aforesaid ;  and 
upon  failure  to  pay  the  assessment  aforesaid,  the  Court 
may,  upon  motion  and  notice  by  the  party  entitled   to 


tfio 

siicli  damages,  enforce  the  payment  of  the  same  by  exe- 
cution, unless  the  said  company  shall,  within  ten  days 
from  the  return  of  such  assessment,  elect  to  abandon 
the  proposed  aj)propriation  of  any  parcel  of  land  by  an 
instrument  in  writing  to  that  effect,  to  be  filed  with  the 
Clerk  of  said  Court,  and  entered  on  the  minutes  of  the 
Court,  and  as  to  so  much  as  is  thus  abandoned  the  as- 
sessment of  damages  shall  be  void. 

REPORT  OF  COMMISSIONERS. 

Sfx;.  114.— Any  number  of  owners,  residents  in  the 
same  county  or  circuit,  may  be  joined  in  one  petition, 
and  the  damages  to  each  shall  be  separately  assessed  by 
the  same  commissioners. 

Skc  115.— Upon  the  tiling  of  such  report  of  said  com- 
missioners, the  Clerk  of  the  Court  wherein  the  same  is 
filed  shall  notify  the  party  whose  property  is  affected 
of  the  tiling  thereof ;  and  the  report  of  said  commis- 
sioners may  be  reviewed  by  the  Court  in  which  the  pro- 
ceedings are  had,  on  written  exceptions  filed  by  either 
party  in  the  Clerk's  office,  within  ten  days  after  the  ser- 
vice of  the  notice  aforesaid  ;  and  the  Court  shall  make 
such  order  therein  as  right  and  justice  may  require, 
and  may  order  a  new  appraisement  upon  good  cause 
shown.  Such  new  appraisement  shall,  at  the  request 
of  either  party,  be  made  by  a  jury,  under  the  supervis- 
ion of  the  Court,  as  in  ordinary  cases  of  inquiry  of  dam- 
ages ;  but  notwithstanding  such  exceptions,  such  com- 
pany may  proceed  to  erect  said  telephone  or  telegraph 
line,  or  construct  said  road  or  railroad  ;  and  any  sub- 
sequent proceedings  shall  only  affect  the  amount  of 
compensation  to  be  allowed.  In  all  cases  arising  under 
the  provisions  of  this  act,  the  report  of  commissioners, 
when  sif^ned  by  a  majority  of  them,  shall  be  taken  and 
considered  as  the  report  of  all. 

Skc.  116.— The  cost  of  the  proceeding  to  appropriate 
the  right  of  way  shall  be  paid  by  the  company  seeking 
the  appropriation,  up  to  and  including   the  filing  and 


IT)  I 


fsanie  by  exe- 
lin  ten  days 
to  abandon 
)f  land  by  an 
iled  with  tlie 
inutes  of  the 
oned  the  as- 


EIS. 

dents  in  the 
one  petition, 
y  assessed  by 

t  of  said  com  - 
I  the  same  is 
y  is  atfected 
said  conimis- 
vhich  the  pro- 
led  by  either 
!  after  the  ser- 
't  shall  make 
may  reqnire, 
a  good  cause 
;   the  request 

the  supervis- 
quiry  of  dam- 
is,  such  com- 

or  telegraph 
ind  any  sub- 
le  amount  of 
arising  under 
ommissioners, 
be  taken   and 

o  appropriate 
pany  seeking 
he  filing  and 


oo]>yinji:  of  the  report  of  tho  coniinissionefs ;  and  the: 
Court,  as  to  any  costs  niade  l>y  siibsecptent  litigation, 
may  nialve  such  order  as  in  its  discretion  may  be  deem- 
ed just.  The  Court  shall  allow  the  commissioners  a 
reasonable  compensation  for  their  services,  which  shall 
be  taxed  as  costs  in  the  ])roceeding, 

RESTRICTIONS. 

Sko.  117;— No  telephone  or  telegraph  company  shall, 
by  virtue  of  this  act,  be  authorized  to  enter  or  appropri- 
ate any  dwelling,  barn,  store,  warehouse  or  similar 
building,  erected  for  any  agricultural,  commercial  or 
manufacturing  puiposes,  or  to  erect  poles  so  near  there- 
to as  materially  to  irconvenience  the  owner  in  their  use 
or  to  occasion  injury  thereto. 

Si'X!.  118.— In  case  the  lands  sought  to  be  appropria- 
ted are  held  by  any  cori)oration,  the  right  to  appropri- 
ate the  same  by  a  railroad,  telephone  or  telegraph  com- 
pany  shall  be  limited  to  such  use  as  shall  not  mater- 
ially interfere  with  the  uses  to  which,  by  law,  the  cor- 
poration holding  the  same  are  authorized  to  put  said 
lines.  Where  no  agreement  can  be  made  between  the 
parties,  the  mode  of  assessing  the  damages  provided 
heretofore  as  to  private  persons  shall  be  adopted  ;  and 
if  the  lands  to  be  appropriated  lie  in  more  than  one 
county,  an  application  may  be  made  in  any  one  county 
in  which  any  of  the  lands  lie,  and  the  damages  shall  be 
assessed  as  to  all  the  lands  of  the  defendant  corporation 
along  the  whole  line,  in  one  proceeding. 

Sec.  119.— In  case  lands  sought  to  be  appropriated 
by  any  railroad  company  in  this  State  for  depot  pur- 
poses, belong  to  private  persons,  and  such  company 
and  tile  owner  cannot  agree  upon  the  compensation  to 
be  paid,  or  in  case  the  owner  is  incapable  of  contract- 
ing, be  unknown  or  non-resident  of  the  State,  such 
company  may  have  such  lands  condemned  in  the  man- 
ner thai  is  provided  in  this  act  for  assessing  damages, 


152 


which  the  owners  of  lands  may  severally  snstain  in  con- 
sequence of  the  erection,  establishment  and  mainten- 
ance of  railroads  over  such  lands  ;  provided  that  in  no 
case  shall  more  than  ten  acres  of  land  in  the  county  or 
more  than  six  blocks  in  a  town,  village  or  city,  bo 
condemned  under  this  act,  at  any  one  place,  or 
for  any  one  depot ;  and  provided,  further,  that 
any  other  railroad  company  shall  have  the  right  to  use 
said  depot  grounds  for  depot  purposes,  with  the  nec- 
essary buildings,  turnout,  sidings,  switches  and  other 
conveniences  in  furtherance  of  said  purjiose,  and  if  the 
said  two  companies  cannot  agree  upon  the  amount  of 
compensation  to  be  made  therefor,  or  the  points  or  man- 
ner of  such  use,  the  same  shall  be  ascertained  and  de- 
termined by  commissioners  as  tn-ovided  by  law  for  the 
condemnation  of  land  for  railroad  purposes. 
Approved  May  31st,  1879. 


stain  in  con- 
ic! mainten- 
tliat  in  no 
3  county  or 
or  city,  be 
e  place,  or 
irther,  that 
riglit  to  use 
itli  the  nt'c- 
3  and  other 
,  and  if  the 
^  amount  of 
)ints  or  man- 
ned and  de 
law  for  tlie 


IM 


MONTANA 


LAWS  OF  18G8-1800. 


An  Act  providing  for  the  collection  of  revoiuie. 

The  property  of  coi'itoiat  ions  or  com  iMinies  constructing  r  h. 
■/■■  *  *  *  telegiaph  lines,  and  simihir  improvements  shall^'^''^"  " 
be  assessed  so  each  corponit ion  or  com|)any  and  their 
inleiests  are  to  be  taxed  in  this  Territory  in  the  coiinlies 
or  localities  in  wliicii  siu^h  l)ridges  *  *  *  telegraph 
lines  and  similar  improvements  may  be  in,  and  to  the 
extent  of  su(;h  improvements  as  may  be  found  to  be  in 
the  county  or  counties  in  which  the  same  may  be  situ- 
ated, and  to  this  end  the  assessor  is  directed  to  require 
the  secretary  or  (to)  clerk  or  whatever  officer  of  corres- 
ponding duties  there  may  be,  to  render  undc  oath  a  list 
of  the  number  of  miles  and  value  of  such  injprovements 
as  may  be  in  each  separate  county  through  which  the 
same  may  be  constructed  or  in  which  the  same  may  be 
situated. 

Approved,  Jan'y  ID,  1869.        - 


MONTANA. 


LA  WS  OF  1870. 


An  Act  Concerning  Licenses. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  Ter- 
ritory of  Montana. 

That  any  company  having  a  line  or  lines  of  telegraph  g,,,,  ,9 
in  the  Territory  shall  pay  a  license  as  follows  :  On  every 


154 

business  office  kept  in  tlie  city,  t()\/ii  or  villa^'c  ('(Hitirm- 
inj;  !i  population  of  tliree  iiuiidivd  persons  and  over 
sliall  pay  a  license  of  ten  dollars  per  month  ;  all  other 
telefj;rai)h  ofRce.s  kept,  or  roads  or  stations  where  ^^'n- 
eral  business  is  transacted  shall  pay  a  license  of  live 
dollars  per  month,  said  license  to  be  procured  in  the 
counties  where  the  said  offices  are  established. 
Approved,  Jan'y  6,  1870. 


I 


f^e  ccmtaiii- 
*  and  over 
1  ;  all  otiier 
vlierc  ^(>ii- 
ise  of  live 
ired  \\\  the 
1. 


inn 


N  K  »  E  A  S  K  A  . 


COISSTITUTION  OF  THE  STATE,  NOV.  \st.  1875. 


ARTICLE    XT. 

t'OUI'OUATIONS. 

No  railroad  corporation  or  telegrrnh  company  shall s,._'.^3^^^^^^^_^ 
consolidate  its  stock,  property,  framjhises  or  earnings,    ^,,j^,. 
in  whole  or  in  part,  with  any  other  railroad  corporation 
or  telegraph   company  owning  a  parallel  or  competing 
line  ;  and  in  no  case  shall  any  consolidation  take  place 
except  upon  pnhlic  notice  of  at  least  sixty  days,  to  all 
stockholders,  in  such   manner  as  may  be  provided  by 

law.  ,  , 

The  legislature  shall  pass  laws  to  correct  abuses  and  s.^c.r^  ^^  ^^ 

prevent    unjust    discrimination,  and  extortion   on    all    ^^^„,^t„d  by 
charges  of  express,  telegraph  and  railroad  companies  in   uw. 
this  State,  and  enforce  such  laws  by  adequate  penalties 
to  the  extent,   if  necessary,   for  that  purpose,  or  for- 
feiture of  their  property  and  franchises. 
Compiled  General  Statutes,  1881. 


% 


NEBRASKA. 


CHAPTER    77 

REVENUE. 


AuT.  I.— General  Provisions. 


The  president,    secretary,   superintendent,   or  other |^f,i,89j 
principal  accounting  officers  within  the  State  of  every   ^Xfist?' 


ih  pro- 
log 


i 


m 


8rr  40. 
AtDWiA' ineiil. 


tek'^iapli  coiiipaiiy,  ulictlicr  incoiponilcil  by  niiy  l:i\v  of 
tliis  State  or  iiol,  wIumi  any  jiorlioii  ol'  tlu'  properly  ol' 
e:ii(l  railidatl  oi  leleij'raph  e  »iup:my  i-^  situated  in  more 
than  one  county,  shall  list  and  return  lo  the  auditor  of 
imhlic  a(H'onnts  for  assessment  and  taxation,  \eiilied 
l)y  llieoalh  or  allirmation  of  the  person  so  list  .n;^',  all 
the  I'ollowinu,"  d(>seril)ed  propeity  l)eIonii;in,<j;  to  sui'h  cor- 
])oration,  on  tlie  first  day  of  Apiil  in  the  year  in  \vhi(di 
the  assessment  is  made  within  the  Stale,  viz.:  The  num- 
ber of  miles  of  such  railroad  an<l  telegraph  line  in  each 
()''iianized  county  in  this  State,  and  the  total  number  of 
;Jes  in  iIm' State,  rii^ht  oi'  way;  I'roviiled.  howi'ver, 
that  all  [lersonal  projjerty  ouisidi' of  said  right  of  way 
as  aforesaid,  of  and  behniging  lo  any  sncli  t»'Ieni'aph 
company,  shall  be  listed  for  puri)oses  <d'  taxation,  by 
the  piincinal  officers  »i- agents  of  such  companies,  willi 
the  precinct  ass<'>s('rs  of  any  precini't  of  the  county 
whert^  said  veal  or  [tersonal  property  may  be  situated, 
in  the  maniiei-  pi-ovided  by  law  for  the  listing  and 
valuation  of  real  and  peisonal  property. 

The  rt  turn  to  the  auditor  of  public  jiccoiints.  herein 
l)rovided  shall  be  made  on  or  before  the  fifth  day  of 
April  annually.  If  the  return  aforesaid  be  not  re- 
ceived by  said  auditor  by  the  tenUi  day  of  April,  he 
shall  thereupon  proceed  to  obtain  the  facts  .md  infor- 
mation aforesaid  in  any  nianeer  that  may  appear  most 
likely  to  secure  the  same  correctly,  and  for  that  pur- 
pose ma  ■  address  a  written  communication  to  the  cor- 
poration, or  to  som<5  otficers  of  the  corporation,  who 
has  failed  to  make  the  return  aforesaid.  As  soon  as 
practicable,  after  the  auditor  has  received  the  said 
return,  or  procured  the  information  required  to  be  set 
forth  in  said  return,  a  meeting  of  the  State  lioard  of 
Eqnali/ation,  consisting  of  the  (xovernor,  State  Treas- 
urer and  Auditor,  shall  be  held  at  the  office  of  said 
anditor,  and  the  said  board  shall  then  value  and  ass'-sa 
the  property  of  said  corporation  at  its  actual  value  f(,r 
eacli  mile  of  said  line,  the  value  of  each  mile  to  be 
determined  by  dividing  the  sum  of  the  whole  valuation 


1      M-    « 


imy  !:i\v  of 
lojxTly  dl' 
'd  ill  iiHtro 
aiiililDr  of 
111,  x.M'Hlt'd 
list.ii^,  Jill 
I  siii'li  cor- 
r  ill  uliicli 

'I'llt'  Mlllll- 
IK'    ill   f.'icll 

iiiiiiilii'r  of 
liowi'vcr, 
;lit  of  way 
ti'leuraph 
xatiori,  by 
iiiit's,  willi 
II'  (•(tuiity 
)  .situated, 
istiiiji;  and 

Us.    lnM'»'ill 

rli  day  of 
)e   not   re- 

Api'il,  lie 
.md  infor- 
ipear  most 
that  [)ur- 
1)  the  cor- 
utioii,  who 
Ls  soon  as 
L  the  .said 
.  to  be  set 

Board  of 
:ate  Treas- 
e  of  said 
and  ass'^.ss 
I  vabie  f(.r 
iiile  to  be 
3  vahiatioa 


by  the  niiiiibcr  of  iiiili's  of  siicli  lino.  Tn  making  np 
siudi  vahiatioii  or  asscssiiifiil,  llie  said  Itoard  sliall 
examine  and  foiisider  the  rt'tiirn  lit'ifiii  it'iiniifd  to  be 
math',  or  llie  iiit'ormalioii  procured  by  the  auditor,  in 
(h'faiill  of  siM'h  return,  to^etlier  witli  such  otlier  re- 
lial)h'  inforiiiatioii  rehitive  liierelo  as  tliey  may  i'e  al)lH 
to  procure;  said  board  sliall  not  asse.ss  the  value  o' 
any  real  or  personal  pr()i)erly  situated  outside  of  tlie 
ri^ilit  of  way  of  siicii  company.  On  or  before  the 
lifteeiith  day  of  May,  or  so  soon  thereafter  as  the  said 
board,  or  any  two  I  litM'eof,  shall  have  made  and  de.er- 
miiied  said  valuation  and  ass"ssmriit,  the  auditor  shall 
certify  to  the  county  chirks  of  the  several  counties  in 
■.vliich  the  proi)erty  of  the  afore.said  corporalit  ;i,  or  any 
part  thereof,  may  be  siluated,  the  ass<'ssnient  per  mile 
so  made  on  the  projierty  of  said  corporation,  specifying 
the  number  of  miles  and  amount  in  eaidi  of  such 
counties.  All  such  i^roperty  shall,  for  the  j)iiri)ose  of 
taxation,  be  deemed  "  ])ersonal  property,"  and  placed 
on  tht!  tax  list  as  herttinafter  provided. 

If  any  person  or  corporation  shall  fi;ive  a  false  orsK.(.4i. 
fraudulent  list,  schedule  or  statement,  r.ciiiired  by  this'''",!';__';;;J:;'"'"'' 
act,  or  shall  fail  or  refuse  ^'  leliver  to  the  assessor, 
when  called  on  for  that  purpose,  a  list  of  the  taxable 
personal  property  which  he  is  re(iuired  to  list  n;ider 
this  act,  he  or  it  sliall  be  liable  to  a  penalty  of  not  less 
than  !?!(),  nor  more  than  ^100,  to  be  recovered  in  any 
proper  form  of  action  in  the  name  of  the  State  of  Ne- 
braska on  the  complaint  of  any  person.  Such  tine, 
when  collected,  to  be  paid  into  the  county  treasury. 

Whoever  shall  wilfully  make  a  false   list,  schedule ski.w. 
or  statement,    under  oath,    shall,    in    addition    to   tl  e"'""'^^''"^"'''''* 
penalty  provided  in  the  preceding  section,  be  liable  a.s 
in  the  case  of  perjury. 


ir)H 

NKltUASKA. 


COMPILED  (iKNEHAL  STATUTE!^. 


CuiMiNAL  Code. 


turei. 


C  II  A  P  T  E  11     X  I  1 1  . 

iN.TUliY    TO   *   *    *   TkLKOUAPII    PkoPKUTY. 

Sir. 98.  Every    person    who  shall   wilfully   and  maliciously 

"^wlreTor  fix- injure,  molest,  or  destroy  any  of  the  lines,  wires,  posts, 
piers  or  abutments,  of  any  tele^'raph  company,  owner 
or  association,  used  in  or  about  the  transmission  of  dis- 
patches, or  other  communications,  shall  be  punished  by 
imprisonment  in  the  penitentiary  not  less  than  one 
year  nor  more  than  three  years,  in  case  the  damage  to 
such  c(mipany,  owner  or  association,  from  such  injury 
be  thirty-five  dollars  or  upwards  ;  but  if  such  damage 
be  less  than  thirty-five  dollars,  tiien  the  person  so 
offending  shall  pay  a  fine  of  not  less  than  ten  dollars 
nor  more  than  five  hundred  dollars. 


SKO.  1. 


NEHRASKA. 


L  AW  S    OF    18  8  3. 


CHAPTER    LXXX. 

An  Act  to  Prohibit  Extortion  in  the  Transmission  of 
Telegraph,  also  in  the  Compiled  Statutes  Bespatches. 
(Appendix  1883,  p.  89G.) 
Be  it  enacted  by  the  Legislature  of  the  State  of  Ne- 


im 


']S. 


rv. 

aliciously 
■es,  posts, 
ly,  owner 
on  of  dis- 
nisheil  by 
than  one 
la  in  age  to 
ch  injury 
h  daina<50 
person  so 
n   dollars 


nission  of 
espatches. 

ite  of  Ne- 


Curliiii'tl  k'.ivIc- 
nit'iit  to  bo 
fllea  In  ..nice 
of  SeiTolnry 
of  State. 


braska,  That  all  associations,  whether  the  same  shall^^^-J^«^•"»'J•o• 
have  h.'t'n  or  may  hereafter  be  organized  or  incorporated 
umb-r  the  laws  of  this  State  or  by  and  under  the  author- 
ity of  any  otiiei  State  or  'I'erritory.  or  by  the  authority 
of  the  I'uitcd  States,  whos.f  objwt  and  purpose  is  the 
transmission,  colieetiou  and  distribution  of  despatches 
by  tel.'Krai)li  shall  bo  subj.-ct  to  the  regulations  and  re- 
strictions hereinafter  prescribed  [)y  this  act. 

Every  telegrai)h  company  and  every  press  association s^c* 
or  corporation  engaged  in  the  transmission,  coilec'-on, 
distribution  or  delivery  ..f  telegrajdiic  despatches,  .■ither 
for  private  use  or  for  publication  in  newspapers,  shall, 
witliin  tliirty  days  after  this  act  goes  into  elfect,  file  in 
the  ollice  of  the  Secretary  of  Siale,  a  statement  certilied 
to  under  oatli  by  its  president  and  secretary,  or  two  of 
its  ofhceis,  embodying  the  following  information,  to  wit: 
The  name  of  the  association,  amount  of  capital  invested, 
character  of  its  business,  together  with  a  true  coi)y  of 
its  articles  of  iiic«)ri)oration  or  articles  of  copartnersiiip, 
with  regulations  and  by-laws  then  in  force. 

It  shall  be  the  duty  of  the  Secretary  of  State  to  issuesKca. 
acertilicate  to  every  association  or  corporation  tliat  lias  ,,e,.t„u.»t... 
filed  the  statement  recpiired  by  ti.e  second  section  of 
this  act,  upon  payment  of  five  dolhirs  (ii^:)),  which  cer- 
tificate shall  convey  authority  to  sucii  associiition  or 
corporation  t(»  conduct  its  business  witliin  this  State 
uiuler  the  restrictions  and  jjenalties  imposed  herein. 

Every  telegraph  company,  press  associatioiw.r  '"'>»'  ^:;;J;y  ,„„^. 
pcnation   engaged    in   the  transmissicm,  collection  and    f„Bing   to 
delivery  of  Telegraphic  desi)atches  that,  shall  refu.se  or   c^'''^  wm. 
fail  to  comply  with  the  above  provisions  within  the  time 
herein  pre.scribed,  shall  forfeit  its  right,  to  carry  on  the 
collection,  transmission  and  delivery  of  despatches  for 
publication  or  for  private  use,  and  shall,  furthermore, 
forfeit  to  the  county  where  such  business  is  carried  on, 
for  each  and  every  day  it  so  continues  in  violation  of  this 
act,  the  penal  sum  of  one  thousand  dollars  (.^l,(Hi()),  to 
be  recovered  in  any  Court  of  common  jurisdiction  ;  and 
it  shall  be  the  duty  of  the  District  Attorney  to  prosecute 


*4 
.11 


m 


sncli  violations  of  this  not  at  the  expense  of  the  respect- 
ive (.'onnties  wherein  said  act  is  violated. 
se<. v  All  telegraph  companirs  and    issocialions  operating 

'Tor warding  telegraph  lines  In  this  State  shall  transmit  and  forward 
(lisimidies.  ;ill  despatches  directed  to  newspapers  ov  private  in- 
dividnals  or  pnbUc  officers  witii  impartiality  in  the 
order  in  which  they  are  received,  and  nse  dne  diligence 
in  delivery  withont  discrimination  as  to  any  person  or 
party  to  wiioni  they  may  be  directed. 
skb  c.  Every  officer  or  employee  of  any  telegraph  comjjany 

paiciiesordi  oi'iissociation  engaged  in  rhe  traiismi    ion  ol  despatches, 
vuigitiK  con  wi,,)  f.j,;,|i  wilfully  delay  the  transmis.iion  (tr  delivery  of 

tents  of  it.  ,■        ,  ■,  .  e  i  ^    i 

any  (h'spat<di,  or  divulge  the  contents  ot  any  despatcli 
entrusted  to  his  or  her  care  to  any  person  exc(>pt  the 
l»arty  entitled  to  receive  the  same,  shall  be  guilt}'  of  a 
misdemeanor,  and  upon  conviction  shall  be  j)unislied  by 
a  line  of  not  less  than,  fifty  dollars  ()5^r)(>.()())  nor  more  than 
one  hundred  dollars  (s? I ()().()())  for  oach  offense,  or  im- 
prisonment of  not  less  than  thiiry  days  nor  more  tlin.n 
three  months  in  the  county  jail,  at  the  discretion  t)f  the 
Court. 
sb;c.7.  It  shall  be  unlawful   for  any    telegraph  company,  its 

^""^"'■'*''**'"  agents  or  operators  to  demand  charge,  or  receive  from 
any  individual,  association  or  corporation,  a ^.reaier  sum 
for  the  transmission  and  delivery  of  any  t.degram  or 
message  over  a  given  distance  than  it  demands,  charges 
or  receives  for  the  transmission  and  delivery  of  any 
telegram  or  message  t-ontaining  an  equal  numl)er  of 
words  over  a  greater  distance,  providing  that  despatches 
transmitted  during  the  night  and  despatches  for  pub- 
lication in  newspai)ers,  may  be  forwarded  and  delivered 
at  reduced  rates  ;  such  rates  must,  however,  be  uniform 
to  all  patrons  for  the  same  service, 
sue.  8.  It  shall  be  unlawful   for  any  telegraph  company,  cor- 

Newsiiapera  fj,„,    associatiou,  or   organization   engaged  in  the 

tions.  business  of  forwarding  despatches  by   telegraph  t(^  de- 

mand, collect  or  receive  from  any  publisher  or  i)ro- 
prietor  of  a  newspaper  any  greater  sum  for  a  given 
service   than  it  demands,   charges  or  collects  from  the 


ic.l 


le  respeot- 

operatiiii? 
il  forward 
)rivate  in- 
ty  ill  the 
i  diligence 
person  or 

conilKiny 
espatclies, 
lelivery  of 
''  despatcli 
xcept  tlie 
;uilt3'  of  a 
inislied  l^y 
more  tliaii 
ise,  or  iin- 
inore  tliaii 
tioii  of  the 

ripany,  its 
3eiv'e  fi'om 
rcaiersniu 
'legram  or 
s,  charges 
vy  of  any 
a  umber  of 
lespatohes 
s  for  pub- 
.  delivered 
)e  uniform 

pany,  cor- 
ded in  the 
ipli  to  de- 
er or  i)ro- 
or  a  given 
I  from  the 


publisher  or  pi'opi'ictor  of  any  otlier  newspaper  for  a 
like  service,  aud  the  violation  of  tlie  provisions  of 
sections  seven  and  eiglit  of  this  act  by  any  telegraph 
company  or  association,  shall  constitutt* a  misdemeanor, 
and  upon  conviction  said  telegraph  ccunpan}'  or  associa- 
tion siiall  be  lined  for  each  and  f.ery  olfense  in  any 
sum  not  less  than  one  hundred  (s^^lco),  nor  more  than 
one  thousand  (!?l.()On),  with  costs  of  prosecution,  and 
in  addition  thereto  such  telegraph  company  or  associa- 
tion siiall  be  liable  for  all  damages  sustained  by  the 
person  or  parties  in  conseipience  of  such  discrimina- 
tion. 

Every  telegrajih  company  and  every  i)ress  association sw.  9. 
engaged  in   the  transmission,  collection,  distribution   or^    ooni.ity 

^    "  '  with    news- 

pul)llcation   of  despatciies   shall   alTord   the   same  and   papers. 
equal  facilities  to  all  publishers  of  newspapers,  and  fur- 
nish the  despatches   collected    by    them  for  publication 
in   any   given    locality    to   all  newspapers    there    pub 
lished    on   the    same    conditions   as   to   paymen*^^    and 
delivery. 

Any  press  asso(!iati'Mi,  c()ri)or.ition  or  organization  skc.  10 
violating  the  foregoing  section  shall  be  deemed  irnilty ^'a'"«i''"aity 
of  a  misdemeanor,  and  upon  conviction  shall,  for  each 
and  every  olTense,  be  fined  in  any  sum  not  less  than  one 
hundred  (!?10()),  nor  more  than  one  thousand  (^1,000) 
dollars,  and  in  addition  thereto  such  association  and  the 
members  thereof  shall  be  jointly  and  severally  liable  for 
all  damages  sustained  by  the  owner. 

If  any  telegraph  company,  association  or  organization  skc.  n. 

engaged  in  the  transmission  of  telegrai)li  despatches '^uthfg't'o  ™' 
from  any  place  in  this  State,  or  the  person  having  the  leivo  ami 
control  or  management  thereof,  refuse  to  receive 
despatches  from  any  person,  corporation,  or  any  other 
telegraph  company,  or  to  transmit  tho  same  with  fidelity 
and  without  unreasonable  delay,  it  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  lined  for 
each  and  every  olFense  in  the  simi  of  not  less  than  lifty 
(^,'5()),  nor  more  than  one  hundred  (^s^lO*))  dollars,  and  in 
addition  be  liable  for  damages  to  the  person  or  corpoia- 


traiismit. 


i1\ 


109 


tion  sustaining  a  loss  by  reason  ofsucli  refusal  or  failure 

to  so  transmit. 

Sec.  12.  Any  telegraph  company  engaged  in  the  transmission 

^L^dmuukJ  t'f  telegraphic  despatches  is  hereby  declared  to  be  liable 

'for  the  non  delivery  of  desi)atches  entrusted  to  its  care, 

and  for  all  mistakes  in  transmitting  messages  made  by 

any  person  in  its  employ,  and  for  all  damages  resulting 

from  a  failure  to  perform  Jiny  other  duty  required  l)y 

law,   and  .iny   such   telegra])h   company   shall  not    be 

exempt    irom    any    such    liability    by   reason   of  any 

clause,  condition  or  agreement  contained  in  its  printed 

blaidis. 

In  all  cases  where  application  is  nuide  h)  any  telegraph 


Sf.C.  14 
order,  duty  of 


Line«  out  of  (.(„„p;i„y^  or  the  operator,  agent,  clerk,  or  servant  there- 


operator. 


Sec.  14. 

To  take  effect 


of,  to  send  ii  desi)atch,  it  shall  be  the  duty  of  such 
operator,  agent,  or  clerk,  who  may  receive  despatclies 
at  that  station  plainly  to  inform  the  applicant,  and  if 
required  by  him  to  write  ui)on  the  despatch  that  the 
line  is  not  in  working  order,  or  that  the  despatches 
already  on  hand  for  transuiission  will  occupy  the  line, 
so  that  the  desi^atch  offered  cannot  be  transmitted  with- 
in the  time  required,  if  the  facts  be  so  ;  and  for  cmiil  ting 
so  to  do,  or  for  intentionally  giving  false  information  to 
the  applicant  in  relation  to  the  time  within  which  the 
despatch  offered  may  be  sent,  such  operator,  agent  or 
clerk,  and  the  company  b}^  which  he  is  enqdoyed, 
shall  incur  a  like   penalty  as   in   section  eleven  of  this 

aot. 

This  act  shall  take  effect  from  nnd  after  the  first  day 

of  July,  A.  D.  1883. 
Approved  February  24th,  1883. 


sal  or  failure 


lo;? 


f- 


transmission 
.  to  be  liable 
to  its  care, 
es  made  by 
es  resulting 
required  l)y 
hall  not  be 
ison   of  any 

I  its  printed 

ny  telefrraph 
Mvant  there- 
in ty  of  such 
i  desi)atches 
cant,  and  if 
tell  that  the 
i  despatches 
py  the  line, 
niitted  vvith- 
for  omitting 
formation  to 

II  which  the 
tor,  agent  or 
s  employed, 
ileven  of  this 

the  first  day 


NEVADA. 


LA  WS    OF    1804. 


CHAPTER  xxirr. 

Ok  Skcukcy  and  Fidklity  m  rmo  Tu.vNSMissrox  of 
Tklkouapii  Mkssagks. 

Penalty  for  divulging  contents  of  messages,  fine  and  skc  i. 
imprisonment  in  the  discretion  of  the  Court. 

Sending  of  false  or  forged  messages, punishable  by  finesEc.a. 
and  imprisonment. 

Use  "r  appropriation  of  information  by  telegraph  em-SKCi. 
ployees,  puuishable  by  fine  and  imprisonment. 

Neglect  or  refusal  to  send  or  deliver  messages,  a  mis- «".<;.  ■«. 
demeanor. 

To  open  a  sealed  message,  under  false  representations  skc.  5. 
as  to  personality,  a  misdemeanor. 

Clandestinely   obtaining   messages    from   wires,   and  sfx,  0. 
using  or  attempting  to  use  such  information,  punish- 
able. 

Bribing  of  operators  to  disclose  contents  of  messages,  sec.  7. 
punishable  by  fine  and  imprisonment. 

Malicious  interference  with,  or  destruction  of  tele  s«o.8. 
graph  lines  and  apparatus,  punishable. 

Persons  offending  against  provisions  of  sections  one,  sf.c.  9. 
two,  four,  six  or  seven,  also  liable  for  damages  in  civil 
action. 

Telegraph  emiiloyees  exempt  from  militia  and  jnrysKc.  10. 
duty. 

Contracts  by  telegraph  shall  be  deemed  to  be  in  writ- sec  n. 
ing. 


I 


Sic.  18. 
Skc, 13. 


Sec.  14. 


Sec. 16. 


Src.  18. 
Sec.  17. 

Sec.  18. 
Sec.  19. 
sec.  ao. 


164 

Notice  by  telegraph  shall  bo  deemed  actual  notice. 

Powers  of  attorney  and  other  instruments  in  writing 
may  be  sent  by  telegraph,  nu.^.  be  admitted  to  record 
as  originals. 

Checks,  due  bills,  promissory  notes,  orders  or  agree- 
ments for  the  payment  or  delivery  of  money  or  other 
thing  of  value,  may  be  sent  by  telegraph. 

Instruments  in  writing,  duly  certified  by  a  Notary 
Public,  Commissioner  of  Deeds  or  Clerk  of  a  Court  of 
Record,  may  be  sent  by  telegraph  and  lia^e  the  same 
force  as  originals. 

Warrants  of  arrest  may  be  served  by  telegraph. 

Any  writ  or  order  in  any  civil  suit  may  be  transmitted 
by  telegraph. 

It  shall  not  be  necessary  for  operators  to  describe  seijls 
of  documents  transmitted. 

Telegraph  companies  shall  have  the  right  to  the  use 
of  distinctive  trade  marks. 

All  despatches  to  be  sent  in  the  order  received,  except 
official  business  and  matters  of  public  interest. 


NEVADA. 


LAWS  OF  1806. 


Skc.  1 . 


Sec.  8. 


CHAPTER  CXX. 

Of     Constructing    and    Maintaining    Teleguapii 

Lines. 

Any  person,  persons,  company  or  association  may 
construct  and  maintain  a  line  of  telegraph. 

Certiticate  containing  full  information  as  to  organiza- 
tion and  proposed  construction  to  be  filed  with  the  Sec- 


i: 


.-t 


notice, 
in  writing 
to  record 


s  or  iigree- 
y  or  other 

'  a  Notary 
%  Court  of 
B  the  same 

■a  ph. 
transmitted 

scribe  seijls 

;  to  tlie  use 

ved,  except 
It. 


KJr) 


retary  of  State,  and  work  of  (H)iistr(i('ti()n  nnust  be   com- 
menced within  thirty  days  of  siicli  filing. 

Public  and  private  lands,  streets,  alleys,  highways  orsKca. 
streams  may  be  properly  used. 

Rates  of  charges  to  be  posted  in  all  offices,  and  it  is  asEc.4. 
misdemeanor  to  overcharge. 

Telegraph  companies  shall  be  governed  by  the  gtneralsEc  5. 
laws  of  the  State. 

When   necessary  private  lands  may  be  approjjriatedsBc.e. 
and  compensation  duly  made. 

If  owners  of  telegraph  lines   f  il   to   keep  them  in  as  sac.  7. 
good  repair  as  practicable,  such  failure  renders  a  forfei- 
ture of  franchises  liable. 


Teleguapu 


ciation  may 


to  organiza- 
ni\\  the  Sec- 


i 


4' 


r 


1(50 


LAWS  OF  NEW  HAMPSHIRE. 


GENERAL  LA  WS  OF  1878. 
In  Kklation  to  Tklk(jkai'ii  Cumtaniks. 


CHAPTER  62,  P.  101. 

Skp.  14.— Every  Telegraph  Corporaiion,  Company,  or 
person  shall  anntially  pay  into  the  State  treasury,  for  the 
use  of  the  State,  a  tax  of  one  per  cent,  upon  the  value  of 
any  telegraph  line  owned  or  corporatedby  said  Corpora- 
tion, Company,  or  other  person,  including  the  offi(!e  fur- 
niture or  machinery,  and  said  tax  shall  be  paid  on  or 
before  the  lirst  day  of  Sei)tember. 


LA  WS  OF  NEW  IIAMF^UIRE  OF  1879. 


CHAPTER  40,  P.  350. 

Sec.  1.— Every  Telegraph  Company  whose  lines  pass 
through  any  portion  of  this  State  on  the  line  of  any  niil- 
road  shall  keep  and  maintain  an  office  for  the  receipt 
and  transmission  of  messages  over  its  wires  for  the  ac- 
commodation of  the  public,  in  every  town  having  a 
population  of  fifteen  hundred  or  more,  according  to  the 
latest  census  of  the  United  States,  tlirough  which  such 
line  passes  ;  provided,  tliere  is  a  passenger  station  on  said 
railroad  in  such  town  ;  provided,  also,  that  the  provis- 
iojis  of  "this  Act  shall  not  apply  to  the  lines  of  the 
United  States  Direct  Cable  Company. 
Si;c.  2.— Every  telegraph  company  neglecting  or  re- 


tm 


NIKS. 


fusing  to  comply  with  the  provisions  of  section  one  of 
tliis  Act,  shiill  p!iy  :i  line  of  on.;  liunlnMl  doilius  for 
eadi  iuul  every  niontli  of  such  neglect  or  refusal  in  eacli 
and  every  such  town  in  whicii  the  provisions  of  section 
one  apply  ;  one-half  of  such  tine  to  go  to  the  complain- 
ant and  the  balance  to  the  County  in  which  such  town 
is  situated. 

Skc.  ;}.— The  Attorney-di'ueral  and  County  solicitors 
are  hereby  instructed  to  enforce  the  ])rovisio!is  of  this 
Act  in  every  case  in  which  complaint  is  made. 


]!onipany,  or 
3ury,  for  the 
.  the  value  of 
aid  Corpora- 
he  office  tur- 
paid  on  or 


F  1879. 


ise  lines  pass 
e  of  any  rail- 
:  the  receipt 
i  for  the  ac- 
vn  having  a 
ording  to  the 
1  which  such 
tat  ion  on  said 
it  the  provis- 
lines  of  the 


lecting  or  re- 


LAWS  OF  NEW  HAMPSHIRE,  188a. 


CHAPTER  no. 
An  Act  koi:  tiik  Taxatiox  ok'  Tklki'jioxk  Comf'Anies. 

Every   telephone    corporation,    company,    or    person 8eo.i.    ' 
doing  business  within   this  State  shall  pay  an  annual  t-j^'^p|^'.^^"^;; 
tax,  as  near  as  may  be  in  ])ioportion  to  the  taxation  of    ue taxed, 
other  property  throughout  the  State,  on  the  value  of  any 
telephone  line  or  lines  owned  or  worked  by  such  corpora- 
tion, company,  or  peisons  within  this  State,  including 
all   poles,    wires,    insulators,    transmitters,    telephones, 
batteries,  instruments,  telephonic  apparatus,  office  fur- 
niture and  fixtures. 

The  State  Board  of  Equalization  shall  appraise  thesK<.2. 
said  lines,  apparatus,  office  furniture  and  machinery  !it^^';|;;;^;;;;;^j;^'' 
their  actual  value,  and  assess  such  corporation,  com- 
pany or  pf^'son  on  said  valuation  at  the  average  rate  of 
taxation  of  other  property  throughout  the  State.  Such 
assessmeni  shall  be  made  and  certified  to  the  State 
Treasurer  by  the  thirtieth  day  of  September.  The  State 
Treasure'  sluill  thereupon  notify  said  parties  against 
whom  the   tax  is  assessed,  and  the  same  shall  be  paid 


m 


1^ 

ft; 


r 


SBC.  3. 

TakuK    offect 
whpii. 


108 

into  tlui  treasury  on  or  ht^Unv  the  tlilrtietli  day  of  Oc- 
tober. If  any  tax  so  assessed  is  not  i);iid  by  the  said 
tliirtieth  (hiy  of  0(!tober,  the  State  Treasinvr  sliall  is- 
sue his  exte'.it  i'or  tlie  same,  and  all  property  of  the  de- 
linquent corporation,  company,  or  person,  on  the  lirst  day 
of  April  preceding,  shall  be  liable  for  its  payment, 
'''his  Ari  sha'l  take  elfect  from  its  passa<;e. 
*■■:>]       .  t'd  Septend)er  15,  IHSJ^?.  ] 


LAWS  OF  NEW  HAMPSHIRE.     1881. 


CHAPTER   fi3. 

SKC.8.  Section  fourteen  of  said  chapter  is  hereby  so  amended 

Taxation  of  j^g  jq  require  that  every  telegraph  corporation,  company 
telegraph.  ^^^  person  sluill  pay  an  anuiuil  tax  as  near  as  may  be  in 
proportion  to  tiie  taxation  of  other  property  through- 
out the  State,  upon  the  value  of  any  telegraph  line 
owned  or  operated  by  said  corporation,  company  or  per- 
son, including  the  office  furniture  and  machinery.  And 
section  fifteen  of  said  chapter  is  so  amended  as  to  re- 
quire the  State  Board  of  Equalization  to  assess  said 
telegraph  property  at  the  average  rate  )f  taxation  of 
other  property  throughout  the  State. 

Said  assessment  shall  be  made  and  certified  to  the 
State  Treasurer  by  the  thirtieth  day  of  September,  and 
the  tax  shall  be  paid  on  or  before  the  thirtieth  day  of 
October.  If  any  tax  so  assessed  is  not  paid  by  said  thir- 
tieth day  of  October,  the  State  Treasurer  shall  issue  his 
extent  for  the  same,  and  all  property  of  the  delinquent 
corporation,  company  or  person,  on  the  first  day  of 
April  preceding  shall  be  liable  for  its  payment. 
All  provisions  of  law  inconsistent  with  this  act  are 
Ki'peaiingiieieby  repealed,  and  this  act  shall  take  effect  upon  its 

clause— takes 

effect  when.    paSSage. 

Approved  August  9,  1881.  , 


Sec.  3. 


8KC.  4, 


(lay  of  Oc- 

l)y  the  Hiiid 
'i-   sliiiU   is- 

of  tlie  -le- 
tlielirstdiiy 

nieut. 


I  no 


K  E  W  II A  M  l\S  II I U  K  Ji  A  »  S .     1 NS I . 


CHAPTER  54. 


KHKCTION    OV   TKLKOKAPH    I.INKS. 


m. 


so  amended 
m,  company 
may  be  in 
ty  throusli- 
ei^raph  line 
lany  or  per- 
inery.  And 
sd  as  to  re- 
assess said 
taxation  of 

titled  to  the 
tember,  and 
tieth  day  of 
by  said  thir- 
till  issue  Ids 
i  delinquent 
first  day  of 
ent. 

this  act  are 
ect  upon  its 


lie  iTi'oti'il 
imil  w  i  r  I'  « 
Htretolietl  in 
liighway'ii. 


Tile  proprietors  ol'  any  teleui-raph  line,  or  of  any  tele-SE,-.  i. 
phone  excliange  or  line  of  telephones  used  for  the  trans/^.■|-wal■l^_^t^^^ 

mission  of  sjioken  messa^'es  by  means  of  the  electric    ■ ■ 

speakinj^  telephone,  or  of  lines  for  establishin<i:  '  vtric 
lights  in  this  State,  may  erect  and  maintain  th  he  i- 
sary  poles  and  structures,  and  stretch  the  >  "ces'^  v 
wires  for  the  use  of  such  telegraph  line,  or  lu- phnio 
exchange,  or  line  of  telephones,  or  line  for  e'  , .  ic  ight- 
ing,  (»ver,  across  and  along  any  public  higlnva>  n  'his 
State,  or  may  lay  the  same  under  the  s»i^  '-vce  of  any 
such  highway. 

Such  telegraph,  telephone  or  electric  lighting  poles,  skc.s. 
structures  and  wives   shall   be  erected  and  niaintained^'^,',,,^°J™';f;|.'; 
subject  to  the  provisions  of  Chapter  eighty  of  the  Gen-    nor  use  pri. 
eral  Laws  of  this  State  relating  to  telegraphs,  which  are    ^,"3^1*^ 
hereby  made  apvdicable  to  lines  of  wire  for  teleplionic   ers  consent, 

,.     .    ".  -1  1  1  i.  nor     oofiuire 

and  electric  lighting  purposes;  and  no  poles,  structures  prosonptive 
or  wires  are  hereby  authorized  that  shall  in  any  way  right. 
impede  or  obstruct  the  free  and  safe  use  of  any  highway 
for  public  travel,  nor  that  shall  interfere  with  or  obstruct 
the  safe,  free  and  convenient  use  of,  or  access  to  or  frotn^ 
any  lands  or  buildings  adjoining  or  near  such  highway  ; 
and  no  such  poles  or  other  structures  shall  be  erected  or 
wires  stretched. by  any  of  such  proprietors,  on,  over  or 
across  the  lands  or  buildings  of  any  individuals  or  cor- 
porations without  their  consent  ;  ?nd  no  right  shall  be 
acquired  by  the  use  of  wires  stretched  on,  over,  or  across 
the  lands  or  buildings  of  any  such  individual  or  corpo- 
ration for  any  length  of  time. 

Whenever  any  such  proprietors  shall  desire  to  erect  sec  3. 
their  poles  or  structures,  or  to  stretch  their  wires,  they  "^eJ^'So^Te 


1 

f 


Si 


M 


tn 


iiii.>  "iKi  m:iy  apply  by  pt'iitioii  lo  the  iuiiy<»raii<l  !iltl(M'iiit'ii  ofaiiy 
"'■*""""'"*'' city,  or  til."  s('U'(!tni.>ii  of  :iny  town  in  wiiicli  siidi  ix'l.-s 
or  .striH'tiirt'M  arc  to  1)1' crtM'iid  or  wirt's  sirt'ii^in'il,  to  jo- 
nitc  tilt' route  of  the  Hiics  I'or  such  tcli'^rapli.  tclcpluiic 
orclecliii-  liuhtiiiu-,  on,  over  and  aloiii;  the  i)nl)lic  hi^h- 
waVM  in  .siicli  tdwn  or  city,  and  to  j;raut  license  therefor 
upon  such  conditions  as  the  piihlii-  j^mod  may  rt'ipiiie. 

««<■  I  The  iuay(. rand  aldermen,  or  seiectnu'ii,  shall  have  tin; 

'",''■*,*.',"  ",°t  power  toii.ant  siu-h  lic(Mise,and  may  lix  and  limit  the  size 
wii<s  jiihI  lociition  of  such  ])()les  iind  strnctures,their  distances 

from  each  other,  the  height  from  tint  <,'r(>unil  that  such 
wires  may  be  stretched,  and  tht^  nuudxM-  of  wii'cs  that 
may  be  so  used,  and  the  time  for  which  the  license 
shall  continue  in  force,  and  may  revoke  the  same  when- 
ever the  piil)li(!  ixood  shall  so  re(inire,  and  from  time  to 
lime, upon  like  ai»i)lication  of  such  proprietors,  or  by  any 
jM-rsitn  whose  rij^hts  and  interests  aie  alTected,  may  alter 
and  chan,n-e  the  location  of  such  poles  or  structures,  and 
the  height  and  size  of  the  same,  as  well  as  theheiyht  and 
nundter  of  wires,  or  may  revoke  the  said  license  if  proi)er 
cause  is  shown  ;  and  all  proceedings  of  the  mayor  and 
aldermen,  or  selectmen  under  this  act,  shall  be  sub 
ject  to  the  supervision  of  the  Supreme  Court,  on  ai)pli- 
cation  of  any  person  interested  or  aj^yrieved, 

sic.5.  No  such  poles  or  structures  shall  be  erected  or  wires 

Not  to  111-  intor-  '  •     ,       i<  ,1  .1 

fer.Mi   with  stretched  in  any  way  so  as  to  iiiterlere  witii  any  oilier 

similar  striio-  '  •' 

tuns.  similar  strnoture. 

skc  «.  If  any  pcM-son  shall  be  aggrieved  or  damaged  by  the 

"«'3ed'"'"' erection  of  such  poles  or  structures,  or  by  the  stretching 
of  such  wiivs,  or  by  the  use  made  of  the  same,  he  may 
apply  to  the  mayor  or  aldermen,  or  the  selectmen,  to  as- 
sess the  damages  which  he  claims  are  occasioned  thereby, 
who  shall  give  notice  to  such  proprietors  and  all  others 
interested,  and  after  hearing  all  parties,may  award  such 
damages  as  may  be  legally  and  justly  due. 
Sec.  7.  If  Said  luayor  and  aldermen  or  selectmen  shall  neglect 

Party  ag  j^,.  y^.[^^^^.  f,)  make  such  award,  or  either  party  .shall  be 
appi7't""s"  dissatisfied  therewitli,  or  said  proprietors  shall  neglect 
premecourt.  y^.  j.^fij^e  to  pav  the  Same  within  thirty  days  after  such 


171 


iiiHiutf  any 

<licll  ))«»IfS 
lu'd,  t<t  1(»- 

tdcplic.iie 
il.lic  lii^li- 
Sf  tliiTofol' 

it'(|iiii»'. 

I    llllVC    lIlH 

II it  tlit'si/H 
r  (UstaiH'es 
tliiit  such 
wii'cs  tliiit 
111'  license 
iinic  wlicii- 
)m  tiiiif  to 
,  or  by  any 
,  may  alter 
I'tuics,  and 
lieiiiht  and 
<c  if  proper 
niayoi'  and 
1)  Ix'  snh- 
t,  on  ap[)]i- 

ed  or  wires 
I  any  oilier 

i^ed  by  tlie 
stretchin<^ 
le,  lie  may 
men,  t;o  as- 
ed  thereby, 
L  all  otheis 
award  snch 

hall  ne<flect 
•ty  shall  be 
lall  neglect 
i  alter  such 


award  is  made,  either  party  may  apply  to  the  Snpreme 
Court  for  relief,  and  like  proceedin,u;s  sliall  be  li:id  as  in 
case  of  appeals  fK.m  the  layini;-  out  of  lii|iliw:'ys  and  lh« 
ass«'ssment  of  damages  therefor. 

Proceedings,  as  provided  by  this  act,  may  be  taken  «">  ^,''^;' I"; ^^^^^^ 

petition  to  the  mayor,  any  aldermen  or  Helecttiieii.  in  case    ^^,,,.„  „,,„., 
any  propriet(.rs  aforesaid  sliall  .h'siiv  to  lay    tl,eir  wires    ;;;;;,;;;'';;';';; 

under  the  surfa( f  the  higliway,  or  in  casi- an\  person    ,,,..  ^|,i,.  „f 

interested  or  alVecled  by  such  poles,  strncUn.'s,  oi  wires,    i.Wiw.iy. 
or  tlie  use  made  ihere<if,  shall  petition  therefor. 

Similar    proceedings  mav    be    had    by   any  snch  pr<i-SK.n. 

'  .  ,     . "  •  I.I  .1     l.iiiis     iilrriiily 

prietois  for  locating  and    licensing   any  siicii  telegrapli,    ,,„„,,,,„,„,, 
telephone,  or  electric  lighting  lines  already  constructed, 
or  for  changing  or  altering  tln^  h)cation  of  such  lines  as 
may  have  been  lieivtofore  erected. 

Nothing  lierein  contained  shall  exempt  any  siicli  pro-sKc'  lo. 

"  .,  ,.     ,  ,  , I'mprii'lors  llii- 

piietorsfrom  liability  lor  any  i.iilawliil   eiitr\ .  Iiesp.iss,    ^^^^  ^^^^  ,^,,^ 
or  damage   already  made  or  committed,  nor   from    any    pass. 
liability  or  damage  that  may  occur  from  want  of  care  or 
from  negligence  in  erecting   or  maintaining   such  poles, 
structures,  or  wires. 

Such  ])roi)rietors  of  any  telephone   or   felegraidi  linessir.  n, 
shall  open  and  maintain,  at   some  convenient    point    (•i-''"';,^';;,''"';,^'"'' 
])oints,  ofhces  or  places  where  any  person  desiring  so  to    us.,  of   the 
do  may  use  such   telephone  or   telegrajih   line  for  com-    '"'''''^■■ 
munic.'ui(UJ  to  all  points  reached  by  snch  line  or  its  con- 
nection, on  payment   of  a  reasonable  fee  for  such  use  ; 
and  if  any  such  proprietors  shall  neglect  or  fail  so  to  open 
and  maintain  such  ofhces  or  places,  any  person  aggriev- 
ed may  apply  to  the  Supreme  Court    by  petition   for  re- 
dress, and  the  Court  shall  make  such  orders  and    issue 
such  decrees  as  justice  may  recpiire. 

Such  proprietors  of  any  electric  lighting  apparatus  orsw  k. 
lines  shall  furnish  the  means  of  lighting  by  -^uch  electricT;;^  fJI^J'';";. 
light  to  all  ])ersons   within    reach    thereof  and  applying    liKiniiiK    by 
therefor  upon    similar  terms    and  conditions,     without    ••''"-■"•'>^ ''«'"»' 
discrimination  and  at  reasonable  rates;  any  person   ag- 
grieved by  the  nature  or  failure  to  fnrnish   such  means 
at  such  rates  may  apply  to  the  Supremo  Court   by  i»eti- 


vm 

Moil  fur  rodipss,  and  rliH  (^oKi't  slmll  make   siidi  onlera 

aii<l  (le('r«?es  as  justice  may  nMiuirf. 
8k,,  13.  The  use  of  the  lii^liways  of   this   State,  by  telegraph, 

Vm  ..f  iMKii  j,y  lelcpliDiie,  and  elei-tiic  Iii,'iitliig  iioles,  strnetures  and 

Wires,  under  and  in  accoi'dance  witli    tlie   provisions  ol 

tins  act,  is  liereby    dcolared   to  be  a    public  use  of  such 

highways. 
HK..14.  Tills  act  shall  take  effect  up(m  Its  passage, 

'"^whon.  ""*"'     [Approved  August  {),  1H81.1 


Vftjt 
II W). 


m 


1 


iicli  oidera 

tHiegrni)!), 
crures  and 
Dvisioiis  of 
ise  of  such 


17:{ 


LAWS  OF  NKW  JKUSKY. 

t, 

IN  IIKI.ATION  TO  TKLRGILMMI  COMPANIES. 


An  Act  lo   iacoi'iioiate  Jind   UcKnliitc  T»'lcgr:ii)li  Com- 


l>anies. 


/ieiu'sioit  ^i>proP('(f  April  i\  IH75. 

1.  Whenever  any  number  of  per.soiis  coiisiHtln^'  of 
two  or  more  sliall  liave  suhscrihed  one-third  of  tlie  cap- 
ital stock  necessary  to  be  issued  for  tlie  coiistriiction  of 
any  line  of  fele<,napii  in  this  State,  they  shall  ui)on  de- 
positing^ wirh  the  Secretary  of  Stat ^  a  written  or  ])rlnt- 
ed  description  of  the  line  they  propost;  building,  aiul 
constructing,  the  localities  it  is  intended  to  traverse, 
the  cai)ital  of  the  comi)any  and  its  title  or  corporate 
name,  and  complying  with  tiie  provisions  of  this  a<!t, 
thereby  beconje  a  body  politic  and  corporate,  to  su«?and 
be  sued,  to  purchase,  hold,  or  (!onvey  any  personal  or 
real  estate  as  niay  be  necessary  for  the  purposes  of  this 
act,  with  all  the  powers  and  subject  to  all  the  provis- 
ions of  the  act  conceriung  cori)orations  ;  Proiu'dcd  how- 
ever the  real  estate  owned  at  any  one  point  shall  not  ex- 
ceed one- fourth  of  an  acre. 

2.  Whenever  one-lhird  or  more  of  the  capital  stock 
necessary  to  build  any  proposed  line  shall  have  been 
fully  subscribed,  the  parties  nudving  such  subscription 
shall  have  the  power  and  authority  of  letting  the  con- 
tract for  building  the  line  to  such  person  or  persons  as 
th.  V  may  select  or  choose,  or  proceed  to  build  it  them- 
selvv^s,  and  are  also  fully  empowered  as  Commissioners 
to  receive  subscriptions  to  the  capital  stock,  and  give 
receipts  for  instalments  paid  on  the  same. 

3.  Whenever  the  original   subscribers  to  one-third   uf 


» 


i 

I 


1 


174 

the  amount  of  tlio  capital  stock  shall  call  a  meeting  of 
tlie  stockholders  genenilly,  by  givinLi;  ten  days'  notice  by 
publication  in  at  least  three  newspapers  published  in  the 
State,  the  stocklioldeis  when  convened  in  accordance 
with  said  notice  shall  proceed  to  elect  officers  of  their 
snid  company,  consisting  of  a.  jnesident,  trcasnrei-,  secre- 
tary, and  at  least  three  directors,  one-  liird  of  whom  shall 
be  citizens  of  this  State,  whose  term  of  office  shall  con- 
tinue one  year,  or  until  their  successors  are  elected,  the 
respective  duties  and  powers  of  eacli  of  the  said  officers 
to  be  indicated,  and  determined  by  the  by-laws  and  reg- 
ulations of  the  company,  promded  that  su<!li  by-laws 
and  regulations  do  not  conllict  with  this  act,  and  are  not 
repugnant  to  the  constitution  or  laws  of  this  Stat-s  orof 
the  United  St'Vtes  ;  and  tliat  at  every  election  of  oflicers, 
anil  a!  every  special  periodical  or  general  meeting  of  the 
stockholders,  each  and  every  share  of  slock  represented 
will  entitle  its  rei)resenta,tive  to  one  vote,  proiudcd  how- 
ciH-r,  that  no  person  shall  be  allowed  to  vote  more  than 
one-third  of  the  vote's  present  at  such  meeiiug. 

4.  No  line  of  telegraph,  or  c(nnpany  oigaiiized  and 
working  under  this  act,  shall  be  [)rivileged  to  charge 
more  than  tweiity-tive  cents  for  any  message  not  exceed- 
ing ten  words  in  length,  and  for  messages  exceeding  ten 
words  in  length,  twenty-ffve  cents  for  the  first  ten  words 
and  ten  cents  for  every  ten  words  over  the  lirst  ten,  and 
at  that  rate  for  less  than  ten  to  any  point  in  this  State  ; 
provided  hoiceper,  said  messages  are  intended  to  be 
transmitted  over  but  one  company's  line. 

f).  Such  comi)anies  shall  pay  one-half  of  one  per  cent- 
um upon  the  amount  of  their  capital  stt)ck  into  the  state 
treasury  from  the  organization  thereof  lespectively. 

6.  Any  line  of  t»degraph  or  company  organized,  or 
working  by  virtue  of  this  act,  shall  establish,  maintain 
and  keep  openat  least  one,office  every  forty  miles  tra- 
versed by  their  line,  and  whenever  any  two  or  more  per- 
sons shall  by  a  proper  observance  of  the  conditions  of 
this  act  thereby  become  a  body  corporate  they  shall  have 


17.") 


meeting  of 
s'  notice  by 
rihed  in  tlie 
accordi'.iKie 
;ers  of  Mieir 
inroi",  secre- 
wlionisliiill 
!  shall  con- 
elected,  the 
>aid  otficers 
ws  and  reg- 
ich  bydaw.s 
and  are  not 
8tat'>,  or  of 
[1  of  oflicers, 
eting  of  the 
represented 
oi'ided  hoio- 
e  more  than 

ganized  and 
[  to  chai'ge 
not  exceed- 
w'cc^eding  ten 
it  ten  words 
rst  ten,  and 
this  State  ; 
iided    to   be 


>ne  per  cent- 
ito  the  state 
c'tively. 

■ganized,  or 
h,  maintain 
f  miles  tra- 
or  more  per- 
jnditions  of 
■y  shall  have 


the  privilege  of  bnilding  nnu  maintaining  a  line  as  de- 
scril)ed  for  the  full  term  of  twenty  years,  proriih'd  how- 
et)e)\  that  within  threeyears  from  the  date  of  desciiption 
tiled  with  the  Secretary  oi  State,  tlu^y  shall  have  built 
and  completed  the  same. 

7.  If  any  person  or  persons  shall  wilfully  and  unlaw- 
fully injure,  destioy  or  obstrnct  the  use  of  any  telegraph 
line  constructed  by  virtue  of  this  act,  su<.'h  person  or 
X)ersons  so  olfending  shall  for  the  Hi'st  offence  pay  to  said 
company  the  sum  of  one  hundred  dollars,  to  be  nn-over- 
ed  as  debts  of  like  amount  are  by  law  recoverable,  and 
be  liable  for  all  damages,  and  shall  for  the  second 
olTence  on  conviction  thereof  be  liable  to  imprisonment 
in  the  county  jail,  not  lo  exceed  one  year. 

8.  Any  telegrriph  couipany  organized  by  virtue  of  this 
act  shall  have  full  power  to  use  the  i)ul)lic  roads  or  high- 
ways in  this  State  on  the  line  of  their  route,  for  the  pur- 
pose of  erecting  posts  or  poles  on  the  siune  to  sustain 
their  wires,  and  other  lixtures,  upon  first  obtaining  con- 
sent in  writing  of  the  owner  of  the  soil,  jjrovuled  Jioicet'er, 
no  posts  or  j)o]es  shall  be  erected  in  any  street  of  any  in- 
corporated ciiy  or  town,  without  first  obtaining  from  the 
incorporated  city  or  town  a  designation  of  the  streets  in 
whi(;h  the  same  shall  be  placed  and  the  manner  of  plac- 
iiio-  the  same  arid  that  the  same  shall  be  so  located  as  in 
noway  to  interfei'e  with  the  safety  or  convenience  of 
persons  traveling  on  or  over  the  said  roads  and  highways, 
and  that  the  use  of  the  public  streets  in  any  of  the  incor- 
porated ,  cities  or  towns  of  this  State  shall  be  subject  to 
such  regulations  and  restiictions  as  may  be  imposed  by 
the  corporate  authorities  of  said  cities  or  towns. 

9.  No  subscribers  to  the  capital  stock  of  any  company 
organised  by  virtue  of  this  act  shall  in  any  event  be  re- 
sponsible for  any  amount  beyond  their  subscriptions. 

10.  The  foregoing  sections  of  this  act  shall  not  ai)ply 
to  any  corporations  existing  or  any  line  o)-  lines  in  oper- 
ation on  the  fifth  day  of  March,  one  tliousand  eight  hun- 
dred and  fifty- three. 


^  I 


'^''1 


11.  An}'  telegraph  coiripany  cliarterecl  under  tlie  pro- 
visions of  any  act  of  tliis  State  may  connect  and  con- 
solidate with  any  other  incorporated  telegraph  com- 
pany, whether  chartered  by  or  existing  under  a  law  of 
this  State  or  any  other  State,  and  may  upon  such  con- 
solidation by  resolution  of  its  board  of  directoi's  cliange 
its  name,  which  change  of  name  shall  take  effect  on 
filing  a  coi>y  of  such  resolutions  certified  under  its 
corporate  seal  in  the  ofBce  of  the  Secretary  of  State  of 
this  State,  pro7)ided  that  neither  su(^h  connection,  con- 
solidation or  change  of  na...o  shall  affect  t!ie  obligations 
or  debts  of  said  company  or  thi^  process  for  their  en- 
forcement or  lien  upon  its  property. 

12.  It  shall  noi  be  lawful  for  any  person  connected 
with  any  line  of  telegrapii  within  this  State  wlietiier  as 
superintendent,  ojiprator  or  in  any  other  capiu'ity  what- 
soever, to  use,  or  cause  to  be  used,  or  make  known,  or 
cause  to  be  made  known  tiie  contents  of  any  despatch 
of  whatsoever  nature  which  nuiy  be  sentor  received  over 
any  line  of  telegraitli  in  tiiis  State  without  the  consent 
or  direction  of  either  the  party  sen(lii\g  or  receiving  tlie 
same,  and  all  despatches  whi(;h  may  be  filed  at  aiiy  ofHce 
in  this  State  for  ti'ansmission  to  any  point,  shall  !)e  so 
transmitted  without  being  made  public,  or  their  purjxtrt 
in  any  manner  divulged  at  any  intermediate  point,  on 
any  pretence  wliatever,  and  in  all  respects  the  same  in- 
violable secrecy,  safe  keeping  and  conveyance  shall  be 
niitintained  by  the  officers  and  agents  employed  on  the 
sevenil  telegra[)h  lines  in  this  State,  in  ivlation  to  all 
despatches  which  m;iy  be  sent  or  received  as  is  now  en- 
joined by  the  laws  of  the  United  States  in  reference  to 
the  ordinary  mnil  service,  prorith'd  that  nothing  in  this 
act  contained  sh.iU  be  so  construed  as  to  prevent  the 
])ublication  at  any  point  of  any  despatch  of  a  public 
naluie  which  miiy  be  sent  by  any  person,  or  persons, 
with  a  view  to  general  publicity. 

Vi.  Incase  any  })erson,  superintendent," operator,  or 
who  may  in  any  other  cai)acity  be  connected  with  any 
telegraph   line  in    this  State,  shall   use   or  cause   to  be 


ifcji 


17-; 


iv  the  pro- 
t  and  cxm- 
•upli  coin- 
;r  a  law  of 
such  con- 
Dvs  change 
e  effect  on 
under  its 
t  Shite  of 
c'tu)n,  con- 
jbligations 
■  their  en- 

coiint'cttul 
vlietiier  as 
city  what- 
l<:n()\vn,  or 
f  despatch 
jeivt'd  over 
lie  consent 
!eivin<i;  tlie 
taiiy  office 
ihalt  !)e  so 
'ir  purport 
;  point,  on 
'  same  in- 
e  shall  he 
red  on  the 
ion  to  all 
is  now  en- 
I'erence  to 
in<^'  in  this 
reveiit  the 
a  puhlic 
r  persons, 

perator,  or 
I  with  any 
:iuse   to  be 


used,  or  make  known,  or  cause  to  be  made  known  the 
contents  of  any  desj.atch  sent  from  or  received  at  any 
office  in  tin's  State,  or  in  anywise  unlawfully  exjiose 
another's  business  or  set-ret ^•,  such  person  l)einff  duly 
convicted  thereof  shall  for  every  such  offence  be  subject 
to  a  fine  of  not  less  than  one  hundred  dollars,  or  im- 
prisoinnent  not  exceeding  six  r.iontiis,  or  both,  accord- 
ing to  the  circumstances  of  aggravation  of  the  offence. 


An  Act  in  Relation  to  Operators  anc.  t)tliers  in  the  Em- 
ployment of  Telegrai)h  Companies  in  this  State. 
Approved  February  27,  186i2. 

14.  Sko.  1.  That  the  operators  and  assistant  operators, 
superintendents,  managers,  line  men,  and  those  directly 
engaged  in  the  business  of  receiving  and  forwu'ding 
messages  by  telegraph,  shall  be  exempt  from  militia 
duties,  and  serving  on  juries,  and  from  any  line  or 
petuilty  for  neglect  thereof. 


An    Act   for  the  Punishment   of  Crimes. 
Revision  approved  March  27th,  1874. 

15.  Whosoever  shall  unlawfully  and  maliciously  cut, 
break,  throw  down,  destroy,  injure  or  remove  any  bat- 
tery, machinery,  wire,  cable,  post,  or  other  matter,  or 
thing,  whatsoever,  being  part  of  or  being  used,  or  em- 
l^loyed  in  or  about  any  electric  or  magnetic  telegraph,  or 
in  the  working  thereof,  or  shall  unlawfully  and  ma- 
liciously prevent  or  obstruct  in  any  manner,  whatsoever, 
the  sending,  conveyance,  or  delivery  of  any  communica- 
tion by  sucli  telegrapli,  shall  be  guilty  of  a  misdemeanor, 
and  on  conviction  thereof,  shall  be  liable,  at  tlie  discre- 
tion of  the  Court,  to  be  imprisoned  at  hard  labor  for  any 
term  not  exceeding  two  years,  or  fined  not  exceeding 
two  hundred  dollars,  or  both. 


178 
NEW  JERSEY. 


SUPPLEMENTAL  ACT. 


A  supplement  to  an  Act  entitled,  "An  Act  to  Incorpo- 
rate and  Regulate  Telegraph  Companies,"  approved 
April  9,  1875. 

Be  It  enacted  by  the  Senate  and  General  Assembly 
of   the  State  of  New  Jersey,  That   whenever  any  tele- 
graph or  telephone  company,  organized  by  virtue  of  ti.e 
act  to  which  this  is  a  supplement,  or  by  virtue  of  any 
special  act,  shall  apply  to  the  common  council  or  other 
legislative  body  of  any  incorporated  city  or  town  through 
which  it  is  intended  to  construct  their  telegraph  line,  for 
a  designation  of  the   streets  in  which  the  posts  or  j-  'es 
of  such  company  nuiy  be  erected,  it  shall  be  the  duty  of 
such  common  councilor  legislative  body  to  giv-  to  such 
company  a  writing  designating  the  streets  in  which  the 
posts  or  poles  shall  be  placed,  and  the  manner  of  pUjcirg 
the  same,  subject  in  other  respects  to  the  provh=  :>ns  of 
the  act  to  which  this  is  a  supplement. 

And  be  it  enacted.  That  in  case  of  the  refusal  ofivny  of 
the  owners  of  tlie  boil  on  :;  ^  line  of  the  route  to  permit 
the  use  of  anv  road  o:  hig!.nv   v  for  the  purpose  of  erect- 
ing posts  or  poles  on  the  sii^.-e   to  sustain  the  wires  and 
other  Hxlures,  in  case  where  consent  is  necessary  to  be 
obtained,  it  shall  be  lawful  for  such  company  to  present 
a  petition  to  the  Circuit  Court  of  the  county  in  which  said 
road  or  highways  are  situate,  or  to  the  Judge  thereof  in 
vacation,  setting  forth  the  privilege  or  right  of  way,  the 
names  of  the  owners  of  the  soil,  if   known,  and  if  not 
known  or  non-resident  of  the  State,  that  fact  shall  be 
stated,  and  the  names  of  any  number  of  owners,  or  any 
number  of  descriptions  of  the  premises  desired  may  be 
mentioned  in  one  petition,  whereupon  the  said  Court  shall 
lix  the  time  and  place  for  the  hearing  of  the  matter  con- 
tained in  said  petition,   and  direct  notice  thereof  to  be 


17!) 


0  Tncorpo- 
approved 

Assembly 
[•  liny  tele- 
i-tue  of  the 
,ue  of  any 
il  or  other 
vntlirv)ugli 
pli  line,  for 
its  or  V'U'H 
the  duty  of 
iv'^  to  such 

1  vvli't  h  the 
r  of  [ilacirg 

OV'lP'OtiS   of 

ill  ofiMiy  of 
:e  to  permit 
ose  of  erect- 
e  wires  and 
issary  to  be 
y  to  present 
1  which  said 
;e  thereof  in 
of  way,  the 
1,  and  if  not 
act  shall  be 
ners,  or  any 
red  may  be 
I  Court  shall 
I  matter  con- 
thereof  to  be 


served  on  the  pcison  or  persons  or  corporations  inter- 
ested, at  least  six  days  prior  to  said  hearing",  such  service 
to  be  made  in  the  same  manner  as  writs  of  summons 
issued  out  of  said  Court  are  served,  orif  tlieownerbe  un- 
known or  not  resident  in  the  State  such  notice  shall  be 
published  in  a  newspjiper  in  said  county  for  the  like 
period  or  for  such  long^^r  period  as  tin?  Court  may  direct, 
and  in  case  the  post-office  address  of  such  non-resident 
owner  can  be  ascertained,  a  cojiy  of  such  notice  shall  be 
mailed  to  him  or  her,  "  postage  prepaid,"  under  the  di- 
rection of  said  Court.  At  the  lime  mentioned  for  said 
hearing  the  said  Court,  unless  good  cause  to  the  contrary 
appear,  shall  appoint  three  disinterested  freeholders, resi- 
dent of  said  county,  commissioners  to  assess  and  appraise 
the  damages  which  such  owner  or  owners  may  sustain  by 
reason  of  the  erection  and  establishment  of  such  telegraph 
lines.  Before  entering  upon  the  servic^e  said  commis- 
sioners shall  severally  be  sworn  faithfully  and  impartially 
to  i)erform  the  duties  reipiired  of  them,  and  shall,  on 
view,  make  a  just  ai)praisal  in  writing  of  thedanuiges  (if 
any)  sustained  by  such  owner  or  owners,  and  lile  a  report 
thereof  in  the  office  of  the  Clerk  of  said  Court.  If  any 
damages  are  assessed  the  company  shall  pay  or  tender 
the  amount  of  the  same  to  th"  party  to  whom  the  award 
is  made  ;  if  such  owner  be  unknown  or  caniiot  be  found, 
they  shall  pay  the  same  into  the  said  Court. 

And  thereupon,  or  if  no  damages  are  found  to  be  sus- 
tained, the  said  company  sluiU  have  full  power  to  use 
such  road  or  highway  on  the  line  of  their  route  f  the 
purpose  of  erecting  posts  or  poles  on  the  same  to  >tain 
their  wire  and  other  fixtures.  Said  couimissionei .  shall 
each  receive  three  dollars  for  each  day's  service  per- 
formed by  them,  to  be  paid  by  said  company. 

And  any  party  aggrieved  by  the  assessment  of 
damages  may  have  the  matter  determined  by  jury,pro- 
videdan  appeal  be  made  to  the  said  Court  within  thirty 
days  from  the  time  of  filing  the  report  by  the  said  commis- 
sioners ;  and  said  Court  shall  thereupon  order  a  trial  by 
jui-y,  to  be  conducted  as  any  other  case  of  similar  trial. 


0 


S 


IFO 


If  the  jury  increase  the  daniu^es,  the  same  and  all  costs 
and  charges  shall  be  paid  by  the  c()nii)any,  otherwise  the 
costs  and  charges  to  be  paid  by  the  owner  or  party  inter- 
ested, and  judgment  may  be  entered  upon  verdict  of  said 
jury , and  execution  issued  thereon  as  in  other  cases, unless 
said  company  shall,  within  ten  days  after  said  verdict  is 
rendered,  elect  toabandou  their  proposed  route  or  ai)pro- 
priation  of  said  road  or  highway  by  an  instrument  in 
writing  to  that  effect,toi)e  filed  with  the  Clerk  of  the  said 
Court  and  entered  on  the  minutes  thereof;  and  to  so 
much  as  is  thus  abandoned  the  assessment  o<'  danuiges 

shall  be  void. 

Provided,  That  upon  such  abandonment  tlie  costs  of 
all  proceedings  to  be  taxed  by  tlie  said  Conrt  shall  be 
jiaid  by  the  company  to  the  ojjposite  party. 

And  be  it  enacted.  That  this  act  shall  take  effect  imme- 
diately ;  aTid  imnided  also  that  all  the  provisions  of  this 
section  shall  apply  to  any  telegraph  telephone  company 
specially  incorporated. 


J 


NEW  JERSEY. 


LA  V/S  OF  1880. 


1  I-i 
1  J!, 


CHAPTER  CLI. 


A  Supplement  to  an   Act  entitled,  "An  Act   to   incor- 
porate and  regulate  Telegraph  Companies,  approved 
A  pvil  ninth,  one  thousand  eight  liundred  and  seventy- 
five.  ' 
SEC.  1.  Be  it  enacted  by  the  Senate  and  General  Assembly  of 

on  aypiicatioi  -.^^  Br.'\i«^  of  New  Jersey,  diat  whenever  any  telegraph 
coimoiitode-  ,,  leleplioue  company  organized  by  virtue  ot  tne  act  to 
Bi,?..ate  in       .  j     ,  j    ■    .^  supplement,  or  by  virtue  of  any  special 

•TltiDg    the'      "^"  ,        ,,  ?-,  -1  ..11- 

streets    in-K:    shall  apply  to   tile  Commou  Council  or  Other  legis- 


t8t 


111(1  all  costs 
tlierwise  the 

party  inter- 
n'dict  of  said 
cnst's, unless 
id  verdict  is 
iteor  appro- 
strunient  in 
k  of  tlie  said 
.';  and  to  so 

o*'  damages 

the  costs  of 
ourt  shall  be 

effect  inilne- 
isionsof  this 
me  company 


.ct  to  incor- 
ies,  approved 
and  seven ty- 

Assembly  of 
[ly    telegrni)h 

of  the  act  to 
f  any  special 
r  other  legis- 


beplaci-ilaiul 
manner  of 
placinK  till! 
same. 


lative  body  of  any  incorporated  city  or  town    through    whioh  posu 

,.,...  ,     ,  i"    .  1  1      !•  f)r  pull's  Hhall 

which  It  IS  intended  to  constnut  tlieir  telegraph  line, 
for  a  designation  of  the  streets  in  which  the  posts  or 
l)oles  of  such  company  may  be  erected,  it  shall  be  the 
duty  of  siK.'h  Common  Council  or  legislative  body,  to 
give  to  such  company  a  writing  designating  the  streets 
on  which  the  posts  or  poles  shall  be  placed,  and  the 
manner  of  phu'ing  the  same,  subject  in  other  respects  to 
the  provisions  of  the  act  to  which  this  is  a  supplement. 

And  be  it  enacted  :    That  in  case  of  the  refusal  of  any  skc  a. 

,,  .,  .,  .ii-  e.i  li  .On    rt'fu»al  of 

of  the  owners  of  the  soil  on  the  line  of  the  route,  to  per-    „^„pr„f  sou 
mit  the  use  of  any  road  or  highway  for   the  purpose  of   to  permit  the 

,  ,  '^  L    •       ^1  •  'i»e    Ihereof 

erecting  posts  or  poles  on  the  same  to  sustain  tlie  wires  ,]„.  ,.ompnny 
or  other  fixtures,  in  case  where  consent  is  necessary  to  >"ay  present 
be  obtained,  it  sluill  be  lawful  for  such  company  to  pre-  crcuit  eouit 
sent  a  petition  to  the  Circuit  Court  of  the  county  in 
which  said  road  or  liigliways  are  situate,  or  to  the 
Judge  thereof  in  vacation,  setting  forth  the  privilege  or 
right  of  way,  the  names  of  the  owners  of  the  soil,  if 
known,  and  if  not  known  or  non-resident  of  the  State, 
that  fact  slinll  be  stated,  and  tlu'  names  of  any  numbers 
of  owners  or  any  number  of  descri[)tion3  of  the  premi 
ses  desired,  may  be  mentioned  in  one  i)etition,  where- 
upon the  said  Court  shall  lix  the  lime  and  place  for 
hearing  of  the  matter  contained  in  said  petition,  and  di- 
rect notice  thereof  to  Ix;  served  on  tlie  jierson  or  j)ersons 
or  corporations  interested  at  least  six  days  prior  to  said 
hearing,  such  service  to  be  made  in  the  same  manner  as 
writs  of  summons  issued  out  of  said  Cor't  are  served, 
or  if  the  owner  be  unknown  or  non-resident  in  this 
State,  such  notice  shall  be  j^ublished  in  a  news- 
paper in  said  county  for  the  like  period  or  for  a 
longer  period  as  the  Court  may  direct,  and  in  case  the 
post  office  address  of  such  non-resident  owner  can  be 
ascertained,  a  copy  of  such  notice  shall  be  mailed  to 
him  or  her  (postage  prepaid)  under  the  direction  of  said 
Court  ;  at  the  time  mentioned  for  said  hearing,  the  said 
Court  (unless  good  cause  to  the  contrary  appears)  shall 
appoint   three    disinterested    freeholders,   residents    of 


v« 


:f^ 


183 

said  county,  conimissloiKMs  to  nsst'ss  iind   appraise  tlie 
damages  wliioli  hucIi  owimt  or  owners  may  sustain  by 
reascm  of  tlie  erection  and  estaMisliment  of   surli    tele- 
grapli  line  ;  before  entering  upon  the  service,  said  C(;iu- 
missioners  sliall  severally  be  sworn   faithfully  and   im- 
partially, to  ])erform  the'  duties  required  of   them,  and 
shall  on  view,  nuike  a  just  appraisal    in  writing  of  the 
danuiges,  if  any,  sustaiiu'd   by  such  owner  or  owners, 
and  file  a  report  thereof  in  tin;  office  of  the  Clerk  of  said 
Court  ;  if  any  damages  are  assessed,  the  said  company 
shall  pay  or  tender  the  amount  of  the  same  to  the  party 
to  whom  the  award  is  made  ;  if  such  owner  be  unknown 
or  cannot  be  found,  they  shall    pay  the  same  into   the 
said  Court,  and  thereupon,  or  if   no  damages  are  found 
to  be  sustained,  tlie  said  cjmpany  shall  have  full  power 
to  use  such  road  oi-  highway  on  the  line  of  their  route, 
for  the  purpose  of  erecting  posts  or   poles   on  the  same 
to  sustain   their  wires  and   other   lixtures  ;  said  com- 
missioners shall  each  receive  three  dollars  foreach  day's 
service  performed  by  them,  to  be  paid  by  said  company  ; 
and  any  party  aggrieved  by  the  assessment  of  damages, 
may  have  the  matter  determined  by  a  jury,  provided  an 
appeal   be  made  to  the  said  Court  within  thirty  days 
from  the  time  of  tiling  the  report   by  the   said  commis- 
sioners, and  said  Court  shall  thereupon  order  a  trialby 
jury,  to  be  conducted  as  any  other  case  of  similar  trial ; 
if    the    jury    increase    the    damages,    the    same,    and 
all    costs      and      charges     shal^      be      paid     by     the 
company,  otherwise  the  costs  and   charges   to   be  paid 
by  the  owner  or   party  interested  ;  and  judgment   may 
be  entered  upon  the  verdict  of  said  jury  and  execution 
issued  thereon,  as  in  other  cases,  unless  said  company 
shall  within  ten  days  after  said  verdict  is  rendered,elect 
to  abandon  their  proposed  route  or  appropriation  of  said 
road  or  highway,  by  an  instrument  in   writing  to  that 
effect,  to  be  filed  with  the  Clerk  of   the  said  Court  and 
entered  on  the  minutes  thereof,  and  as  to  so  much  as  is 
thus   abandoned,  the  assessment   of  damages  shall  be 
void  •  provided  that  upon  such  abandonment,  the  costs 


pviiise  the 
ustiiin  by 
^ncli   tel<'- 
said  (;(-iu- 
'  and   im- 
tlit'ui,  and 
iiifr  of  the 
ir  owners, 
Mk Of  said 
I  comi)any 
I  the  party 
>  unknown 
:>  into   the 
1  are  found 
full  power 
heir  route, 
I  the  same 
said  coni- 
each  day's 
company  ; 
f  d:inia<,'es, 
)rbvided  an 
thirty  days 
id  oonimis- 
r  a  trial  by 
inilar  trial ; 
same,    and 
1     by     the 
to   be  paid 
fment   may 
1  execution 
;1  company 
idered, elect 
ition  of  said 
:in<'   to  thit 
Court  and 
much  as  is 
?es  shall  be 
It,  the  costs 


of  all  proceedin<?s  to  be  taxed  by  the  said  Court,  shall 
be  paid  by  the  company  to  the  opposite  party;  and 
provided  also,  that  all  the  piovisions  of  this  section 
shall  apply  to  any  telegraph  company  si)ecially  incor- 
porated. 

3.  And  be  it  enacted.  That  this  act  shall  take  effect 
immediately. 

Approved  ]\rarch  11,  1880. 


NEW  JERSEY. 


LAWS  OF  1881. 


CHAPTER  XXV. 


An  Act  to  authorize  railroad  corporations  to  construct, 
acquire,  maintain  and  operate  lines  of  telegrai)h  for 
commercial  and  public  uses. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of  sec.  i. 
the  State  of  New  Jersey  ;     That  it  shall   be  lawful  for  "^;;;°^fJ//„: 
every  railroad  corporation   of   this   State,  organized  by    powered  to 
virtue  of  any  special  act  of  incorporation,  or  otherwise,    ^,°aintain"and 
and  for  every  railroad  corporation  organized  under  the    operate  lines 

,  t~,  ,  ,  .  .•  .,        of    telegraph 

laws  of  any  other  State,  but  leasing  or  operating  a  rail- 
road or  canal  in  this  Stale,  and  such  corporations  are 
hereby  authorized  and  empowered  to  erect,  establish, 
and  maintain  a  line  or  lines  of  telegraph  for  public  use, 
over,  along,  and  upon  the  lands  and  rights  of-way  of 
such  railroad  and  canal  corporations,  of  which  such 
railroad  corporation  may  be  the  lessee  or  operator ;  and 
over,  along,  and  upon  the  lands  and  rights-of-way  of 
any  other  railroad  corporation,  with  the  consent  and 
not  otherwise  of  such  other  railroad  corporation,  and  to 
erect,  establish  and  maintain  extensions  of  such   tele- 


over  and  up- 
on their  lands 


'I, 


J 


184 


f  ■% 


graph  line  or  lines  in  i\\\\  direetion  from   such  prinniry 

or  main  line,  for  such  distance  as  may  be  necessary  to 

reach  business  centres  ov.t,  alonff.  and  upon  the  ])nl)lic 

Proviso.         roads  and  higliways  of  this  State  or  otherwise  ;  pr{)vi(hd 

that  the  use  of   i)iiblic  streets  in  any  in('ori)ora;ed  city 

of  this  State,  for  tl»e  erection  of  such  extensions  of  said 

telegraj)!!  line,  shall  be  Hubject  to  such  reasonabU)  ref,ni- 

lations  as  may  be  imposed  by  the  cori)orate  autliorities 

of  said  cities. 

9.C.8.  And  be  ir,  enacted.  That  it  shall  be  the  duty  of  every 

'^"'';';, *?*',"""',  railroad  corporation  availing;-  itself  of  tiiis  act,  to  estab- 

taolisntil  ana  '  ..  .1  .•  n 

maintained lisli,  maintain  and  keep  open  lor  the  reception  and 
;i'';~:trai.snnssi()n  of  messages  by  its  tel.-Taph  lines,  at  least 
8ftK>'«.  one   office   in   every   twcnty-hve    miles  traversed  by  its 

said  line  of  tele^M-aph  ;  and  it  shall  be  .he  duty  of  said 
railroad  corporation,  to  receive  and  transmit  all  mes- 
sages tendered  for  transmission,  upon  beini,^  paid  such 
charges  as  by  law  the  siiid  coiporation  may  charge  for 
such  service. 
Sec. 3.  And   be  it  enacted,    That   any   railroad   corporation 

Authorized  t";ivailing  itself  of  this  act,  shall  be  and  hereby  is  author- 
Se  andized  to"charge,  receive,  and  to  collect  before  transmission 
collect  lor ^^^    message  of   not  more  than  ten  words,  twenty- 

transmission '^  '      "  "  ,  -1  1 .    •  1  i  t 

of  me88aK.s.  five  ceuts ;  and   for  each   additional    word,    one   cent; 
Proviso.         provided,  however,  that  said  messages  are   intended  to 
be   transmitted   only   over   the  telegraph  lines    of    the 
corfiijany  to  whom  such  messages  are  tendered. 
SKo  4.  And  be  it  enacted,  That  it  shall   be  lawful   for  any 

Railroad corpo-r^jii.oji(j  corporation  availing  itsi'lf  of  this  act,  and  it  is 
marj*  Tnd  hereby  authorized  and  empowered  to  enter  into,  make, 
enter  into,^,^^  perfect  such  busluess  arrangements  with  any  other 
with^'oTher  railroad  or  telegraph  corporation  of  this  or  of  any  State, 
railroad  or  j^g  shall  be  mutually  agreed  upon  by  said  corporations, 
companies! for  the  reception  and  transmission  of  messages  over  the 
*•*•  telegraph  lines  of  said  railroad  and    telegraph   corpora- 

tions ;  and  for  all  messages  to  be  transmitted  over  the 
telegraph  lines  of  other  corporations,  every  railroad 
corporation  availing  itself  of  this  act,  to  whom  such 
messages  shall   be   tendered,   may  charge,  receive  and 


18.1 


ich  primary 
necessary  to 
II  flit'  ])iil)lic 
se  ;  j)r()vi(l('(l 
porated  city 
(ions  of  said 
)nal)lH  r<'<i;u- 
aiithorities 


collect  reasonable  and  cust..maiy  rates  r..r   such  trans- 

mission. 

Ami    l.e    it    eni.cte.i.    Tlial    tliis    act    shall    f»>^'^  *''T^' 't^^o^  »-^ 
immediately,  ami  all  acts  and  parts  ol'  acts  inconsistent 
therewith,  are  heiehy  repealed. 

Approved  February  17,  IHHI. 


ity  of  every 
ct,  to  estab- 
ception  and 
nes,  at  least 
i-ersed  by  its 
duty  of  said 
niit  all  mes- 
<f  l)aid  such 
y  charge  for 

corporation 
by  is  author- 
transmission 
)rds,  twenty- 
l,    one   cent; 

intended  to 
lines  of  the 
■red. 

^ful    for  any 
,ct,  and   it  is 
•  into,  make, 
th  any  other 
of  any  State, 
corporations, 
iiges  over  the 
aph   corpora - 
ted   over   the 
very   railroad 
o  whom  such 
3,  receive  and 


NK>V  JERSKY. 


J. A  WH  OF  KSH2. 


CllAl'TER  CliXXll. 


A  f./i'ther  snpi)lenuMit  to  an  act  entitled  "  An  Act  to  in. 
corporate  and  regulate  teleoraph  companies,"approv- 
ed  April  lS)th,  one  thousand  eight  hundred  and 
seventy-five. 

2.  Be  it  enacted  by  the  Senate  and  General  Assenibly  «^^^^^^^^ 
of  the  State  of   New  Jersey,  That  any  telegraph  com-    ,„h,u.s  .nay 
})any  incori)orated  under  the  act  to  which  this  is  a  sup-   j;';/,,';;.;;;;^ 
plement,    desiring    to   construct   its   lines  by  means  ot    Kro.nuirai.i.s 
nnderground   cables   contairlng   the  wires,    instead  of    restrictions 
poles  and  posts  sustaining  the  wires,  shall  be  subject  to 
all   restrictions  and   provisions  concerning  the   use  of 
roads,  highways  and  streets  as  are   provided  in  the  act 
in   which  this  is  a  supplement,  and  any  supplement 

thereto. 

And  be  it  enacted,  That  this  act  shall   take  effect  im- 
mediately. 

Approved  March  31,  '82. 


an'l  provision 
of  act . 


Wi"" 


i&u 


LAWS  OF  NKVV  YORK 

RKLATING   TO  TELK(}HAriI   COMPANIES. 


LAWS  1848. 


CHAP.  20.^. 

An  Act  to  provide  for  the  Incorporation  and  Rej^nhi- 
tion  of  Tele<,n:ipli  Conipiinies.  Pnssed  April  I9tli, 
1848. 

Tlie  People  of  the  State  of  New  York,  represented  in 
Senate  and  Assembly,  do  enact  as  follows  : 

§  1.  Any  number  of  persons  may  associate  for  the 
purpose  ()f  constructing  a  lino  of  wires  of  telegraph 
through  this  State,  or  from  and  to  any  point  within  tliis 
State,  tipon  such  terms  and  conditions,  and  subjVct  to  the 
liabilities  prescribed  in  this  Act. 

§  2.  Such  persons,  under  their  hands  and  seal,  shall 
make  a  certificate  which  sliall  spe(nfy  : 

1.  The  name  assumed  to  distinguish  sucl^  association 
and  to  be  used  in  its  dealings,  and  by  whioi  it  may  sue 
and  be  sued. 

2.  The  general  route  of  the  line  of  telegraph,  designa- 
ting the  points  to  be  connected. 

8.  The  capital  stock  of  sucli  association,  and  the  num- 
ber of  shares  into  which  the  stock  shall  be  divided. 

4.  The  names  and  places  of  residence  of  the  share- 
holders, and  the  number  of  shares  he-Id  by  each  of  them 
respectively. 

5.  The  period  at  which  such  association  shall  com- 
mence and  terminate;  which  certificate  shall  be  proved 
or  acknowledged,  and  recorded  in  the  office  of  the  Clerk 
of  the  county,  where  any  office  of  such  association  shall 


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23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

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be  establislu'd,  and  a  copy  tlu'reof  filed  in  the  office  of 
the  8e(M'etary  of  the  State,  ^iich  acknowledgment  may 
betakenby  any  officer  authorized  tot.ike  theackntjvvledg- 
inent  of  deeds  of  real  estate,  at  the  place  wheie  such 
acknowledgment  is  taken. 

J$  ',i.  I'pon  complying  with  the  provisions  of  tlie  last 
preceding  Section,  such  association  shall  be,  and  hereby 
is  declared  to  be  a  body  corporate  by  the  name  so  as 
aforesaid  to  be  designated  in  said  cei'tilicate,  and  a  copy 
of  said  certificate  duly  certified  by  the  clerk  of  the  county 
where  the  siime  is  tiled  and  re(U)rde(l,  or  i)y  the  Secie- 
tai'y  of  State,  may  be  used  as  evidencie  in  all  courts  and 
places  for  and  against  any  such  ass'x^iation. 

§  4.  Such  association  shall  have  power  to  purchase, 
receive,  and  hold,  and  convey  such  real  estate,  and  such 
only  as  may  be  necessary  for  the  convenient  transaction 
of  the  business  and  for  effectually  carrying  on  the  opera- 
tions of  such  association,  and  nuiy  appoint  such  direc- 
tors, officeis  and  agents,  and  make  su;  h  prudential  rules, 
regulations  and  l)y-laws  as  may  be  necessary  in  the  trans- 
action of  their  business,  not  inconsistent  with  the  laws 
of  this  State  or  of  the  United  States. 

§  C).  Such  association  is  authorized  to  construct  lines 
of  telegrai)h  along  and  upon  any  of  the  public  roads  and 
highways,  or  across  any  of  the  waters  within  tlie  limits 
of  this  State,  by  the  erection  of  the  necessary  fixtures, 
in('luding  posts,  piers,  or  abutments,  for  sustaining  the 
cords  or  wires  of  such  lines,  provided  the  same  siiali  not 
be  so  constructed  as  to  incommode  the  public  use  of  said 
roads  or  highways,  or  injuriously  interrti|)t  tlie  naviga- 
tion of  said  waters,  nor  sliall  this  act  be  so  construed  as 
to  authorize  the  construction  of  any  bridge  across  any  of 
the  waters  of  this  State. 

§  6.  If  any  person,  over  whose  land  said  line  sliall 
pass,  upon  which  said  posts,  piers  or  abutments  shall  be 
placed,  shall  consiiler  himself  aggrieved  or  damaged 
thereby,  it  shall  be  the  duty  of  the  C(»unty  Couit  of  the 
county  within  which  said  lands  are,  on  the  application  of 


n 


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18S 


sncli  person,  and  on  noHre  to  said  association  (fo  be 
served  on  tlie  pi'esidcnt  or  any  direcloi'),  to  appoint  five 
discreet  and  disinterested  per;  )ns  as  coniinissionprs,  who 
shall  severally  take  an  oath  before  any  person  authorized 
toadniinisteroaths,  faithfully  and  impartially  to  perform 
the  duties  required  of  them  by  this  act ;  and  it  shall  be 
the  duty  of  said  commissioners,  or  a  majority  of  them, 
to  make  a  just  and  ecpiitable  ai)praisal  of  all  the  h)ss  or 
damage  snstained  by  said  applicant  by  reason  of  said 
lines,  posts,  piers  or  abutments  ;  duplicate  of  vvhi(;h  said 
ap])raisement  shall  be  reduced  to  writing  and  signed  by 
said  commissioners,  or  a  majority  of  them.  One  copy 
shall  be  delivered  to  the  applicant,  and  the  other  to  the 
president,  or  any  director,  or  officer  of  said  association 
or  cor[)()ration  on  demand  ;  and  in  case  any  damage  shall  . 
be  adjudged  to  said  ai»plicant,  the  associaticm  or  corpor- 
ation shall  pay  the  amount  thereof  with  cost  of  said  ap- 
praisal, said  cost  to  be  liquidated  and  ascertained  in  said 
award,  and  said  commissioneis  shall  receive  for  their 
services  two  dollars  for  each  day  they  are  actually  em- 
ployed in  making  said  appraisement. 

§7.  Any  i)erson  who  shall  uidawfully  and  intention- 
ally injure,  moh'st,  or  destroy  any  of  said  lines,  \)os\s, 
piers,  or  abutments,  or  the  materials  or  property  belong- 
ing thereto,  shall,  on  conviction  thereof,  be  deemed 
guilty  of  a  misdeiiuninor,  and  be  i)unished  by  a  tine  not 
exceeding  five  hundred  dollars,  or  imprisonment  in  the 
county  jail  not  exceeding  one  year,  or  both,  at  the  dis- 
cretion of  the  Court  before  which  the  conviction  shall 
be  had. 

§  8.  It  shall  be  lawful  for  any  association  of  persons, 
organized  under  this  act,  by  their  articles  of  association, 
to  provide  for  an  increase  of  their  capital  and  of  the 
nnmber  of  the  association. 

§0.  Any  association  or  company  now  (  rganized  and 
using  Morse's  telegraph,  may  organize  as  a  corporation 
under  this  Act,  on  filing  in  the  office  of  the  Secretary  of 
State,  a  resolution  of  its  board  of  directors,  signed  and 


180 


)n  (fo  be 
)oint  five 
iprs,  who 
ithorized 
»  perform 

shall  be 
of  them, 
le  loss  or 
II  of  said 
hich  said 
li^iied  bv 
)iie  copy 
icr  to  tlie 
sociation 
lage  siiall 
•r  corpor- 
f  said  ap- 
?d  in  said 

for  their 
tally  ein- 

ntenfion- 
es,  ])osts, 
y  beloiiff- 
deemed 
a  tine  not 
nt  in  the 
;  the  dis- 
ion  shall 


:  persons, 
sociation, 
id  of  the 


nized  and 
rporation 
:retary  of 
gned  and 


certilied  by  Ih'J  oflicers  of  the  company,  of  its  desire  so 
to  organize,  and  ii[)on  publishing  notices  to  this  efl'ect  in 
some  one  ne\vspai)t'r  in  the  City  of  New  York,  and  the 
City  of  BnfTalo,  and  the  City  of  All)any,  three  months 
])revious  to  such  organization,  provided  that  two-lifths 
of  the  owners  of  the  stock  of  said  company  or  associa- 
tion do  not  dissent  therefrom  ;  provided  that  any  stock 
or  shareholdei-  in  any  sncii  association  or  company  may, 
on  giving  thirty  days'  notice  to  the  oflicers,  or  any  of 
them,  of  such  association  and  company,  at  any  time  be- 
fore siu'h  oiganization,  refuse  to  go  info  such  orgnniza- 
t\ou,  and  theieupon  such  stock  or  sliareholder  sliall  be 
entitled  to  receive  from  such  association  or  comi)any  the 
full  value  of  his  shares  or  stock  in  such  association  or 
com))any. 

g  10.  The  stockholders  of  every  association  organized 
in  pursuance  of  this  Act  sh;dl  be  jointly  and  severally 
perscmally  liable  for  the  ])ayment  of  all  debts  and  de- 
jnands  against  such  association  which  shall  be  contracted 
or  which  shall  be,  or  shall  become  due  during  the  time  of 
their  holding  such  stock,  but  such  liability  of  any  stock- 
holder shall  not  exceed  twe.ity-five  per  cent,  in  amount 
the  amount  of  stock  held  by  him,  and  no  stockholder 
shall  be  proceeded  against  for  the  collection  of  any  debt 
or  demand  against  such  association  until  judgment 
thereon  shall  have  been  obtained  against  the  association, 
and  an  execution  on  such  judgment  shall  have  been 
returned  unsatished  in  whole  or  in  ])art,  or  unless  such 
association  shall  be  dissolved. 

§  11.  It  shall  be  the  duty  of  the  owner,  or  the  associa- 
tion owning  any  telegraph  line  doing  busine.ss  within  this 
State,  to  receive  despatches  from  and  for  other  telegraph 
lines  and  associations,  and  from  and  for  any  individual, 
and  on  payment  of  their  usual  cliarg.'s  for  individuals  for 
transmitting  despatches  as  established  by  the  rules  and 
regulations  of  such  telegraph  line,  to  transmit  the  same 
with  impartiality  and  good  faith, under  the  penalty  of  one 
hundn-d  dollars  for  every  neglect  or  refusal  so  to  do,  to 
be  recovered  with  costs  of  suit,  in  the  name  and  for  the 


a* 


% 


n 


100 


bonetit  of  the  person  or  persons  sending  or  desiring  to 
send  swell  despatch,  provided  that  nothing  contained  in 
this  section  shall  he  construed  to  recpiire  any  telegi'aph 
coinpanj'  or  association  to  receive  and  transmit  des])atclies 
from  or  for  any  other  company  or  association,  owniiig  a 
line  of  telegraph  i)arallei  with  or  doing  business  in  com- 
jtetition  with  the  line  over  which  the  despatch  is  required 
to  be  sent. 

(Thus  amended  by  Laws  of  IS^f),  Ch.  .OoO.) 

5?  12.  It  shall  likewise  be  the  duty  of  ev(>ry  such  rwner 
or  association  to  transmit  all  despatches  in  tlie  order  in 
which  they  are  received,  under  the  like  penalty  of  one 
hundred  dollars,  to  be  recovered  with  cost  of  suit  by  the 
person  or  persons  whose  despatch  is  postponed  out  of  its 
order,  as  herein  i)rescribed,  provided,  however,  that  ar- 
I'iingenients  may  be  made  with  the  pro})riet()rs  or  pub- 
lishers of  newspapeis  for  transmission  for  thepui-pose  of 
publication  of  intelligence  of  general  and  public  interest 
out  of  its  regular  order. 


NEW  YORK. 


LA  WS  OF  ISCiO. 


CHAP.  340. 


An  Act  to  amend  the  Act,  entitled,  "An  Act  to  Provide 
for  the  Incorporation  and  Regulation  of  Telegra])h 
Companies,  passed  April  12th,  1848." 
Passed  April  10th,  1850. 

The  People  of  the  State  of  New  York,  represented  in 
Senate  and  Assembly,  do  enact  as  follows: 
5^  I.  Any  person  connected  with  imy  telegraph  com- 


191 


siiin^i^  to 
ained  in 
elegraph 
isi)atclie.s 
)\viiiiiff  a 
5  ill  ('1)111- 
required 

0.) 

cli  rwiier 

order  in 

y  of  oiie 

lit  by  the 

[>ut  of  its 

tiiat  ar- 

or  i)ul)- 

irpose  of 

;  interest 


1  Provide 
'elegraph 


seated  in 
iph  com- 


I 


pany  in  this  Stale,  either  as  clerk,  operator,  messenger, 
or  in  any  otiier  capacity,  who  shall  wilfnlly  divulge  the 
contents,  or  the  nature  of  the  contents,  of  any  private 
communication  intrusted  to  him  for  transmission  or  de- 
livery, or  who  shall  wilfully  refuse  or  neglect  to  transmit 
or  deliver  the  same,  shall,  on  conviction  before  the  court, 
be  adjudged  guilty  of  a  misdemeanor,  and  shall  suffer 
imprisonment  in  the  county  jail  or  workhouse  in  the 
C()unty  where  such  conviction  shall  be  had,  for  a  term 
not  more  than  three  months,  or  shall  pay  a  fine  not  to 
exceed  live  hundred  dollars,  in  the  discretion  of  the 
court. 


NEW  YORK. 


LAWS  1851, 


CHAP.  98. 


An  Act  to  amend  an  Act,  entitled,  "An  Act  to  Provide 
for  the  Incorporation  and  Regulation  of  Telegraph 
Companies,  passed  April  12th,  1848." 
Passed  April  8th,  1851. 

The  People  of  the  State  of  New  York,  represented  in 
Senate  and  Assembly,  do  enact  as  follows: 
§  1.  The  directors  or  trustees  of  any  telegraph  com- 
pany formed  or  incorporated  under  the  act  entitled,  "An 
Act  to  provide  for  the  incorporation  and  regulation  of 
telegraph  companies,  passed  April  twelfth,  one  thousand 
eight  hundred  and  forty-eight,"  may  at  any  time, 
with  the  written  consent  of  the  persons  owning  two-thirds 
of  the  capital  stock  of  such  company,  extend  their  line  of 
telegraph,  or  may  construct  branch  lines  to  connect 
with  iheir  main  line,  or  may  unite  with  any  other  in- 
corporated telegrapii  company. 


■•! 


\S 


M? 


NKW  YORK. 

LAWS  is:):{. 


(M1A1\471. 


An  Act  loiiiiKMid  iin  Act,  eiititlt'd,  "An  Act   to  I'lovidn 
for   tlic   huMirporatioii   and  UegMilation  of  Telegraph 
Companies,  passed  April  12Hi,  JS4S." 
Passed  June  2'M\\,  lcS:)3. 

The  People  of  tlie  State  of  New  York,  represented  in 
Senate  and  Assend)ly,  do  enact  as  follows: 

^1.  Any  nnniber  of  })ersons  may  associate  for  the" 
purpose  of  owning  or  constructing,  using  and  maintain- 
ing a  line  or  lines  of  electric  telegraph,  whether  wholly 
within  or  partly  hevond  the  limits  of  this  State  ;  or  for 
the  purpose  of  owning  any  interest  in  any  such  line  or 
lines  of  electric  telegraph  or  any  grants  therefor,  upon 
such  terms  and  conditions,  and  subject  to  the  liabilities 
prescribed  in  the  Act  passed  April  12th,  1848,  entitled  : 
"  An  Act  to  provide  for  the  incor})oration  and  regiilation 
of  telegraph  companies."  And  such  association  shall, 
upon  complying  with  the  provisions  of  the  said  Act, 
become  a  body  (sorporate,  and  shall  have  the  powers 
and  be  subject  to  the  provisions  in  the  said  Act,  and  in 
the  several  Acts  amending  the  same  contained,  and  not 
inconsistent  herewith.  And  any  telegraph  company 
now  owning  or  using  any  telegraph  line,  either  wholly 
or  partly  within  this  State,  may  become  a  body  corpo- 
rate, and  entitled  to  the  benefit  of  the  provisions  herein 
contained,  on  tiling  in  the  office  of  the  Secretary  of 
State  a  certificate  of  a  resolution  adopted  by  a  majority 
of  its  board  of  directors  to  organize  under  this  Act, 
which  said  certificate  shall  contain  the  specifications  re- 
quired by  the  said  recited  Act,  and  shall  be  proved  or 
acknowledged,  and  recorded  in  the  manner  therein  pre- 
scribed. 


inn 


"m 


>  I'lovidt? 
elegriii)li 


sen  ted  in 

for  tlie 
naintnin- 
>r  wholly 
t  ;  or  for 
h  line  or 
or,  upon 
liabilities 
entitled  : 
.^gnliition 
on  shall, 
said  Act, 
le  powers 
t,  and  in 
,  and  not 
company 
sr  wholly 
ly  corpo- 
ns  herein 
retary  of 
majority 
this  Act, 
itions  re- 
proved or 
erein  pre- 


^2.  Such  association  is  authorized  to  erect  and  con- 
struct, from  time  to  time,  thf  necessary  lixturcs  for  siurh 
lines  of  telciirajih  upon,  over,  or  under  any  of  thejiuMic 
roads,  streets  and  highways,  and  through,  across,  or 
nndei-  any  of  the  waters  within  the  limits  of  this  State, 
sultject  to  the  lestrictious  in  the  said  recite(l  Act  con- 
taiue(l,  and  also  to  erect  and  construct  such  fixtures 
u]ioii.  through  or  over  any  other  land  sul)ject  to  the 
right  of  the  owner  or  owners  thereof  to  full  (U)mpensa- 
tiou  for  the  same;  and  if  any  snch  association  cannot 
agree  with  the  owner  or  owuei's  of  iiny  land  taken  or 
used  by  snch  association  for  the  compensation  to  be 
])aid  theiefor,  it  shall  and  may  be  lawful  for  su(di  asso- 
ciation or  such  owner  or  owners  to  iipply  to  the  county 
court  of  the  county  in  which  su(!h  lands  are,  by  petition, 
stating  the  facts  in  relation  then^to,  and  after  the  ex- 
piration of  twenty-omi  days  from  the  liling  of  such 
petition,  and  notice  thereof  given  to  suidi  association,  or 
to  the  owner  or  owners  of  such  land,  as  the  case  may 
be,  it  shall  be  the  duty  of  the  said  court  to  appoint  five 
disinterested  i)ersons  to  make  a  just  and  equitable 
assessment  and  ai)praisal,  in  the  manner  directed  by 
the  said  recited  Act,  of  the  loss  or  damage,  if  any,  which 
nuiy  have  been  or  is  likely  to  be  sustaiu(id  by  the  owner 
or  own(>rs  of  such  lands  taken  or  nsed  as  aforesaid, 
whilst  such  land  shall  have  been  or  shall  (Continue  to  be 
used  as  aforesaid.  And  such  assessment  and  api)raisal 
shall  determine  the  annual  rent  or  compensation  to  be 
paid  by  such  association  for  such  use,  or  in  lieu  thereof 
a  sum  in  gross,  as  the  (M)mpeusation  for  allowing  the 
fixtures  belonging  to  such  association  permanently  to 
continue,  and  the  same  to  be  repaired,  improved  and 
renewed  or  removed,  from  time  to  time,  as  such  associa- 
tion may  require. 

§  8.  Every  such  company  owning  or  using  a  line  of 
electiic  telegraph,  partly  within  and  partly  beyond  the 
limits  of  this  State,  shall  render  to  the  proper  officer  a 
true  report  of  the  cost  to  snch  company  of  their  works 
within  this  State,  and   the  stock  of  such  company  in 


•I 


104 

amount  equal  to  such  cost  or  the  clivMends  thereof 
shall  be  subject  to  taxatiou  in  the  same  mauii.T  and  at 
the  same  rate  as  the  stock  or  divi.len.ls  of  othrr  com- 
panies incorporated  by  the  laws  or  this  State  are  sub- 
ject. 

8  4  Theliability  of  any  share  or  stocklu.hh'f  in  any 
con.pany  or^^ani/.ed  under  this  Act,  as  provided  for  lu 
the  Act  of  which  this  is  an  amendment,  shall  only  apply 
to  the  amount  due  by  at.y  such  share  or  slockh..;der  in 
such  company  and  unpaid  on  or  for  any  such  share  or 
stock. 


NEW  YORK. 


LA  TF-Sf  OF  1855. 


CHAP.  559. 


An  Act  to  amend  an  Act  passed  April  twelfth,  eighteen 
liundied  and   forty-eight,  to  provide   for  the  Incor- 
poratiim  and  Regulation  of  Telegraph  Companies. 
Passed  April  19th,  1855. 

The  People  of  the  State  of  New  York  represented  in 
Senate  and  Assembly,  do  enact  as  follows  : 

Spc  1  —The  eleventh  section  of  the  act  passed  April 
twelfth,  eighteen  hundred  and  forty-eight,  to  provide  for 
the  regulation  and  incorporation  of  telegraph  companies, 
is  amended  so  as  to  read  as  follows  : 
,  8  11  It  shall  be  the  duty  of  the  owner  or  the  associa- 
tion owningany  telegraph  linedoing  business  within  tins 
Sf.te  to  receive  despatches  from  and  for  other  Lelegraidi 
lines  and  associations  and  from  and  for  any  individual ; 
and  on  payment  of  their  usual  charges  for  individuals  for 


10» 


3  thereof 
IT  and  at 
lluT  coin- 
!  are  sab- 


er ill  iitiy 
led  for  ill 

Illy  iipp'y 
ilK.Uler  in 
1  share  or 


h,  eigiiteen 
the  Iiicor- 
paules. 

resented  in 

assed  April 
provide  for 
companies, 

he  associa- 
i  within  tiiis 
it  telegraph 
individual ; 
Uvidualsfor 


transmitting  despiifclips,  as  cstMblishtjd  by  fln'  riih'saiid 
regiilMtii»Ms  ol"  such  leh^grapli  line,  ti<  transmit  tiif  same 
with  imparliality  and  gucd  fjiith,  under  llie  pt-nally  of 
out-  hiindri'd  dnilars  for  every  negh'it  or  refusal  so  toib», 
to  ht>  r.'covert'd  with  costs  of  suit  in  the  name  and  for  the 
benefit  of  tlie  person  or  peisoiis  sending  or  desiring  to 
semi  su(!h  despatcii,  provided  that  notluiig  contained  in 
tliis  section  sliall  bt?  construed  to  recjuire  any  telegra[)li 
company  orassociation  lo  receiveandtransnut despatches 
from  and  forany  other  company  or  association  owinnga 
line  of  telegraph  parallel  with  oi-  doing  business  in  coni- 
j)etilion  with  the  line  over  wdiich  the  despatch  is  required 
to  be  sent. 
§  2.— This  act  shall  take  effect  immediately. 


NEW  YOllK. 


LA  WS  OF  1801. 


CHAP.  21."). 


An  Act  in  relation  to  ojjerators  and  others  in  the  employ 
of  Telegraph  (Jompaines  in  this  State. 
Passed  April  13th,  1.S61,  three-fifths  being  present. 

The  People  of  the  State  of  New  York,  rei)resented  in 
Senate  and  Assembly,  do  enact  as  follows  : 

§  1. — That  the  operators,  assistant  operators,  clerks, 
and  other  persons  in  theemi)loy  of  the  different  telegraph 
companies  in  the  State  of  New  York,  and  while  doing 
duty  in  the  offices  of  said  companies,  or  along  the  routes 
of  their  telegraph  lines,  shall  be  exempt  from  militia 
duties  and  serving  on  juries  and  from  any  fine  or  penalty 
for  neglect  thereof. 


m 


100 

NKW  YOIIK. 


L2\.  TF.Sf  OF  1802. 


(!IIAP.  42r). 


As  A(!t  fiirtlicr  to  anicnd  llic  A(^t  eiititlt'd  "An  Act  to 
providi'  for  Iht'  liicorponitioii  mid  Ki'^niliifion  ol"  Tt'lo- 
graph  Compank's,"  passed  April  twelftli,  fM,^dlte('n 
liuiidred  ami  forty  eight. 

Passed  April  22,  18(52,  tlnvedftliH  being  i)resent. 

The  People  of  the  State  of  New  York,  represented  in 
Senate  and  Asseml)ly,  do  enact  as  follows  : 

^  1.— Any  telegraph  company  which  is  duly  incorpor- 
ated nmlerand  in  pursuance  of  the  act  entitled,"  An  Act 
to  provide  for  the  incorporation  and  regulation  of  tele- 
graph companie-*."  passed  Ajyril  twelfth,  eighteen  hun- 
dred and  forty  eight,  may  construct,  own,  use,and  main- 
tain any  line  or  lines  of  electric  telegraph  not  described  in 
their  original  certilicateof  organization,  whether  wholly 
within  or  wholly  or  partly  bi-yoiid  the  limits  of  this  State 
and  may  join  with  any  other  corporation  or  association  in 
constructing,  leasing,  owning,  using  or  maintaining  such 
line  or  lines,  and  may  own  and  hold  any  interest  in  any 
such  line  or  lines,  and  may  become  lessees  of  any  such 
line  or  lines,  upon  the  terms  and  conditions  and  subject 
to  the  liabilities  prescribed   in  said  act,  so   far  as  such 
provisions    are  applicable   to   (he  construction,   using, 
maintaining,  owning,  or  holding  of   telegraph   lines  or 
any  interest  therein,  pursuant  to  the  provisions  of  this 
act. 

§  2.— In  case  any  com])any  incorporated  as  before 
mentioned  shall  become  the  owners  or  lessees  of,  or  en- 
,  gage  in  the  constructi(m,  use,  or  maintenance  of  any 
line  or  lines  of  electric  telegiaph  not  described  in  their 
original  certificate  of  organization,  or  shall  join  with 
any  other  corporation   or  association  in   leasing,  con- 


iVt 


1  Act   to 

ol'  T.'lo- 

('i,u,lit(M'n 

resent. 
iHiited  in 

ncorpor- 
"  An  Act 
I  of  tek'- 
■en  Imn- 
11(1  iiiiiin- 
cribi'd  in 
*r  wholly 
;liiH  State 
•iation  in 
liii^  such 
St  in  iiny 
any  such 
d  subject 
as  such 
II,   usin<i;, 
I   lines  or 
IS  of  this 


8tni(;tin<;,  owniuL!^,  nsinj^,  or  nuiiiitainin^  any  such  line 
or  lines,  or  shall  own  or  hold  any  inlt'r«'st  in  such  line 
or  lines,  or  shall  beconie  lessee  of  any  such  line  ov  lines, 
such  cotnpany,  within  one  year  after  constructing,',  or 
becoming  such  owiu'rs  oi'  lessees,  or  affci-  joining  with 
liny  other  cor|)orati»Mi  Ol'  association  in  su(di  construc- 
tion, leasing;,  or  ownership,  or  after  acqiiiring  any  other 
interest  in  such  line  or  lines,  shall  lile  in  the  ofRce  of  the 
Secretary  of  State  of  this  State  a  certidcale,  describing 
the  general  rout(?  of  such  line  or  lines,  designating  the 
extreme  points  connected  thereby,  as  ])rovided  in  sec- 
tion two  of  the  act  hereby  anu'iided.  which  cerlilicale 
shall  be  executed  l)y  at  least  two  thirds  of  the  directors 
of  such  corporation,  under  their  hands  and  seals,  and 
shall  be  acknowledged  by  them  as  prescribed  in  sub- 
division live  of  the  second  section  above  mentioned. 

§  ;{. — Any  telegraph  company,  incorporated  as  nieu- 
tioiu'd  in  the  first  section  of  this  act,  which  before  the 
passing  of  this  act  shall  iiave  jjun^iiased,  constructed,  or 
leased,  or  shall  havi;  joined  with  any  other  corporatif)n 
or  association  in  the  purchase,  construction,  or  leasing, 
or  shall  have  become  the  owner  or  holder  of  any  interest 
in  any  line  (U-  lines  of  telegraph  not  described  in  their 
origituil  ceililicate  of  organization,  nuiy,  within  one 
year  after  tlu!  i)assing  of  tiiis  act,  make  and  file  in  the 
oflice  of  the  Secietary  of  State  such  certificate  as  is  pro- 
vided in  the  secoiul  section  of  this  act,  and  upon  the 
filing  of  said  certificate,  their  acts,  if  otherwise  within 
the  provisions  of  this  statute,  shall  l)e  as  valid  and  ef- 
fectual as  if  done  after  the  passing  of  tliis  act,  saving 
ull  existing  rights  of  other  persons. 


/I 

I 


[is  before 
)f,  or  en- 
'e  of  any 
in  their 
join  with 
sing,  con- 


'A 


ma 


198 
NKW  YORK. 


LA  \Vr,   OF  1807. 


CHAP.  871. 


An  Act  to  amend  part  four,  chapter  one,  title  six,  sec- 
tion twenty-seven,  of  the  Revised  Statutes,  in  rehi- 
tion  to  teleg'.aphio  despatclies,  and  to  amend  an 
Act,  passed  April  tenth,  eighteen  hnndred  and  liity, 
entitled,  "An  Act  to  ann-nd  an  Act.  entitled.  An  Act 
to  provide  for  the  Incorporation  and  Regulation  of 
Telegraph  Companies,"  passed  April  twelfth,  eighteen 
hnndred  and  forty-eight. 
Passed  May  9,  1807. 

The  People  ol  the  State  of  New  York,  represented  in 
Senate  and  Assembly,  do  enact  as  follows  : 

Si'X'TiONl.— Part  four,  cha])ter  one,  title  six,  section 
twenty  yeven,  of  the  Revised  Statutes,  is  hereby  amend- 
ed so  a;-;  to  read  as  follows  : 

§  27.— If  any  pers(m  shall  wilfully  open,  read,  or  cause 
to' be  opened  or  read,  any  sealed  letter  or  telegraphic 
despatch  or  message  not  addressed  to  himself,  without 
the  permission  of  the  ])eison  to  whom  it  shall  be  ad- 
dressed, or  of  the  writer  thereof,  or  other  person  having 
the  right  to  give  such  permissitm,  he  shall,  upi.n  con- 
viction thereof,  be  adjudged  guilty  of  a  misdemeanor, 
and  shall  be  punished  by  a  fine    -f  not  less  than   three 
hundred   dollars,    or  imprisoned   not   less    than   three 
month  ,  or  both  such  fine  and  imprisonment.     And  any 
person  who  shall  aid,  abet,  or  encourage  the  opening  or 
reading  of  any  such  letter,  telegraphic  despatch  or  mes- 
sage, shall  be  deemed   guilty  of  a   misdemeanor,  and, 
upon  conviction,  shall  be  punished  as  hereinabove  pro- 
vided. 

§  2.— Section  one  of  an  Act  to  amend  an  Act,  passed 


laff 


SIX,  sec- 
ill  rel:i- 
iKMid  an 
nd  iiity, 
,  An  Act 
lation  of 
eighteen 


sen  ted  in 

c,  section 
y  aniend- 

,  orcanse 
legraphic 
',  without 
lU  be  ad- 
)n  liaving 
upon  con- 
lenieanor, 
luin   three 
l\an   three 
And  any 
ipening  or 
[;h  or  mes- 
anor,  and, 
above  pro- 

Lctj  passed 


April  tenth,  eighteen  hundred  and  fifty,  entitled,  "An 
Act  to  amend  an  Act  entitled,  an  Act  to  provide  for  the 
incorporation  and  regulation  of  Telegraph  Companies," 
passed  April  twelfth,  eighteen  hundred  and  forty-eight, 
is  liereby  amended  so  as  to  read  as  follows : 

g  l._Any  person  connected  with  any  telegraph  com- 
pany in  nils  State,  either  as  clerk,  operator,  messenger, 
or  in  any  other  capacity,  who  shall  wilfully  divulge  tlie 
contents  or  the  nature  of  the  contents  of  any  private 
communication  entrusted  to  him  for  transmission  or  de- 
livery, or  who  shall  wilfully  refuse  or  neglect  to  trans- 
mit or  deliver  the  same,  shall,  on  conviction  before  any 
Court,  be  adjudged  guilty  of  a  misdemeanor,  and  shall 
suitVr  imprisonment  in  the  county  jail  or  workluuise  in 
the  county  where  such  conviction  shall  be  h%d,  for  a 
term  not  more  than  three  months,  or  shall  pay  a  fine 
not  to  exceed  five  hundivd  dollars,  at  the  discretion  of 
the  Court ;  and  any  person  who  shall  wilfully,  by  con- 
nivance with  any  clerk,  operator,  messenger,  or  other 
employee  of  any  telegraph  company  or  otherwise,  wil- 
fully and  wnmgfully  obtain,  or  attempt  to  obtain  any 
knowledge  of  any  telegraplii(!  message  or  despatcli, 
communication  or  communications,  while  the  same  shall 
be  in  course  of  transmission,  without  iirst  having  the 
assevit  and  authority  of  some  person  having  rhe  right  to 
give  such  assentami  authority,  shall  he  deemed  guilty  of 
a  misdemeanor,  and  shall,  npon  conviction,  be  punislied 
by  a  line  not  more  than  one  thousand  do!lais,or  imprison- 
ment for  not  more  than  three  months,  or  both  such  fine 
and  imprisonment. 

§  3.— Tnis  act  shall  take  efifect  immediately. 


^^i 


4 

2 


A 


200 
NEW  YORK. 


LAWS  OF  1870, 


CHAP.  401. 


An  Act   to  amend   chapter  two  hundred  and  sixty-fivo 
of   the  laws  of  eighteen  luindred  nnd  forty  eight,  en- 
titled "An  Act  to  provide   for  rhe  Incorporation  and 
Regulation  of  Telegraph  Companies." 
Passed  April  28,  1870. 

The  People  of  the  State  of  New  Yoik,  represented  in 
Senate  and  Assend)ly,  do  enact  as  follows  : 

SiccTiox  1.— Section  seven  of  chapter  two  hundred 
and  sixty-live,  of  the  laws  of  eighteen  hundred  and 
forty-eight,  entitled,  "  An  Act  to  provide  for  tiie  incor- 
poration and  regulation  of  telegraph  companies,"  is 
hereby  amended  so  as  to  read  as  follows  : 

§  7.— Any  person  who  shall  injure,  Tiolest,  or  destroy 
any  of  said  lines,  posts,  piers,  or  abutKients,  or  ihe  ma- 
terial or  property  behmging  thereto,  shall,  on  convu;- 
tion  thereof,  be  deemed  guilty  of  a  miiaemeanor,  and 
be  punished  by  a  hue  not  exceeding  live  hundred  dol- 
lars, or  imprisonment  in  the  county  jail  not  exceeding 
one'year,  or  both,  at  tli..'  discretion  of  the  court,  before 
which  the  conviction  shall  be  had.     In  cases  where,  from 
•lecessity,  by  reascm  of  the  removal  of  lio\ises  or  other 
like  causes,  the  said   telegraph   lines  are   interrupted, 
broken,  or  interfered  with,  if  the  person  causing  such 
interruption    shall     have    given     twenty -four     hours' 
previous  notice  in  writing,  to  any  agent  of  the  company 
to  whom  the  lines  belong,  ue  shall  be  exempt  from  the 
eil'ects  of  the  penalty  herein  provided,  and  not  other- 
wise. 
§  2.— This  act  shall  take  effect  immediately. 


•mi. 


201 
NEWYOKK. 


sixty-five^ 
ei<:?lit,  en- 
ition  and 


3serited  in 

liundn'd 
died  and 
tlie  incor- 
anies,"  is 

)!■  destroy 
\  ilie  nia- 
)n  convic- 
anor,  and 
•  drcd  dol- 
exceeding 
(It,  before 
liere,  from 
s  or  other 
terrupted, 
ising-  snch 
ir  honrs' 
?  (H)!ni)any 
,  from  the 
not  otlier- 


LA  ir.S"  OF  1870. 


CHAP.  5C8. 


An   Act  in   relation   to  Tele-raph   Companies,  passed 

^fay  2d,  1870. 

The  Pe()i)le  of  the  State  of  New  York,  represented  in 
Senate  and  Assembly,  do  enact  as  follows  : 

SiX'TloN  1.— In  order  to  peifert  and  extend   the  c(»n- 
iiections  of  telegraph  companies  in  this  State,  and  pro- 
mote their  nnion  with   the   telegraph   systems  of  other 
States,  any  telegraph  comi)any  organized  under  the  laws 
of  this  State,  may   lease,  sell,   or  convey  its  property, 
rights,  ])rivileges  and  franchises,  or  any  interest  therein, 
or  any  i)ai't   thereof,   to    any    telegraph   company  or- 
ganized nnder,  or  created  by  the  laws   of    this   or   any 
other   Stat<',  and    may   acquire   by   leas.  ,    ])nrcliase  or 
conveyance,    the  property,  rights,   piivileges  and   fran- 
chises, or  any   interest  therein,  or  any  part  thereof,  of 
any     telegi'aph  company    or  "ianized  nndei',   or   created 
by  the   laws    of    this    or    any  other    State,  and    may 
make  payments  thnrefor    in     its    own  stock,    money, 
or  ))roperty,    or    leceive    payments    therefor    in     the 
stock,     money,    or    jn-operty    of    the     corporation     to 
which  the  same  may  be  sold,    leased  or  conveyed,  pro- 
vided, however,  that   no  snch   purchase,  sale,   lease  or 
conveyance   b}-  any  corporation  of  this  State  shall   be 
valid  nntil   it  shall   have  been  ratilied  and  ai)proved  by 
a  three-lifths  vote  of  the  board  of  directors  or  trnstees, 
and  also   by  the  consent  thereto,  in  writing  or   by  vote, 
at   a  general   meeting   dniy  called   for  the  pnrpose,  of 
three-lifths   in    interest  of    the   stockholders    in  snch 
company   present    or  represented    by   proxy  at  snch 
meeting. 
§  2.— This  act  shall  take  eireit  immediately. 


% 

m 


■atv 


0 


i 


202 
NEW  YORK. 


LA  WS  OF  187;'). 


CHAP.  319. 

An  Act  to  amend  chapter  two  luindred  and  sixty-five  of 
the  laws  of  eighteen  hundml  and  forty-eiglit,  en- 
titled, "An  Act  to  provide  for  the  Incorporation  and 
Kegidation  of  Telegrapli  Companies,"  passed  April 
twelfth,  eighteen  hundred  and  forty-eight. 
Passed  May  14th,  1875. 

The  People  of  the  State  of  Nmv  York,  represented  in 
Senate  and  Assembly,  do  enact  as  follov/s : 

Section  1.— Section  eight  of  chapter  two  hundred 
and  sixty-five  of  the  laws  of  eighteen  iiundred  and 
forty-eigiit,  entitled,  "An  Act  to  provide  for  the  incor- 
poration and  regulation  of  telegraph  companies,"  is 
hereby  atnended  so  as  to  read  as  follows : 

§  8.— It  shal'  be  lawful  for  an  association  of  persons 
organized  under  this  act,  by  their  articles  tif  association 
to  provide  for  an  increase  of  tlieir  capital,  iind  tiie  num- 
ber of  shares  of  the  capital  stock  of  tiie  association,  but 
if  any  such  association  shall  have  omitted  to  so  provide 
for  an  increase  of  their  capit'  1,  it  shall  be  lawful,  after 
noticeOf  the  intention  so  to  do,  published  once  a  week 
for  six  weeks  successively  in  the  State  ])aper,  and  in 
any  newspaper  of  general  ciiculation  published  in  the 
county  where  the  principal  ofTice  of  such  co'npany  is 
located,  and  with  the  written  consent  of  ..liaieholdors 
holding  and  owning  three-fourths  in  amount  of  the 
then  capital  stock,  to  provide  for  an  increase  thereof, 
and  the  number  of  shares  into  which  the  same  shall  be 
divided  by  an  additional  crtilicate  specifying  such  in- 
crease and  such  number,  which  certificate  shall  be  exe- 
cuted, proved  or  acknowledged  by  the  board  of  direc- 
tors of  such  association,  or  a  majority  of  them,  and 


T 


ty-five  of 
>iglit,  en- 
tion  and 
led  April 


2U:5 

liled  as  provided  in  section  two  of  this  act,  and  such 
certilicate  iniiy  npon  a  lilvc  notice  and  consent,  also 
contain  a  statonii'nt  of  and  jtrovision  for  any  desired 
cliange  in  t lie  general  ronte  of  tiie  lines  of  the  associa- 
tion, designating,'  the  ronte  or  routes,  and  the  points  to 
be  connected,  and  such  certilicate  shall  be  deemed 
and  taken  as  part  of  the  articles  of  association  already 
tiled. 

§  'i.— This  act  shall  take  ellVct  immediately. 


NEWYOKK. 


isented  in 

hundred 
Ired  and 
he  incor- 
nies,"    is 

f  persons 
■isociation 
the  nnm- 
ition,  but 
o  provide 
ful,  after 
;ie  a  week 
I',  and  iu 
led  in  the 
I'npany  is 
leholders 
It  of  the 
J  tliereof, 
i  shall  be 

such  in- 
dl  be  exe- 

of  direc- 
liem,  and 


LA  WS  OF  1879. 


CHAP.  377. 

An  Act   in   relation   to  Telegraph  Companies.     Passed 
May  27,  1879,  three-iifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in 
Senate  and  Assembly,  do  enact  as  follows  : 

Skctiox  1.— It  shall  be  the  duty  of  the  owner  or  the 
association  owning  any  telegraph  line  doing  business 
within  this  State,  to  receive  despatches  from  and  for 
other  telegraph  lines  and  associations,  and  on  i)aynient 
of  their  regular  ciiarges  to  iiulividuals,  to  transmit  the 
same  with  impartiality  and  good  faith,  under  the 
penalty  of  one  hundred  dollars  for  every  neglect  or 
refusal  so  to  do,  to  be  recoveied  with  costs  of  suit  in 
the  name  and  for  the  beneHt  of  the  person  or  jiersons, 
or    association    sending     or     desiring     to    send    such 

despatch. 

§  2.— All  Acts  and  parts  of  Acts  inconsistent  with  this 

Act,  are  hereby  repealed. 
§  3.— This  act  shall  take  elfect  immediately. 


204 
NEW  YORK. 


LAWS  OF  1879. 


CHAP.  H07. 


An  Act   to  provide   for   the  laying  of   telegrapli  \vire3 
under  ground.      Passed  May  28,  1870. 

The  People  of  the  State   of  New   York,  represented   in 
Senate  and  Assembly,  do  enact  as  follows  : 

Sicc.l.— Any  company  or  companies  organized  and  in- 
corporated under  the  laws  of  this  State  for  tiie  purpose 
of  owning,  constructing,  using  and  maintaining  a  line 
or  lines  of  electric  telegraph  within  this  State,  or  partly 
within  and  partly  beydud  the  limits  of  this  State,  are 
hereby  auihorized,  from  time  to  time,  to  construct  and 
lay  lines  of  telegraph  underground  in  any  city,  village 
or  town  within  thelimitsof  this  State,  subject  toall  the 
pi'ovisioris  of  law  in  reference  to  such  companies  not  in- 
consistent with  this  act  ;  provided  that  sui-li  companies 
shall,  before  laying  any  such  line  in  any  city,  village  or 
town  of  this  State,  first  obtain  from  the  common  coun- 
cil of  cities,  the  trustees  of  villages  or  i!ie  commission- 
ers of  highwiiys  of  towus,  permission  to  use  the  streets 
within  such  city,  village  or  town  for  the  purpose  herein 
set  forth. 

§  2.— All  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby,  so  far  as  they  contiict 
with  this  act,  repealed. 

§  3.— This  act  shall  take  effect  immediately. 


m 

NEW  YORK. 


apli  \vii'e3 
sentecl   in 

ed  iind  in- 
5  purpose 
mg  a  line 

or  piirtly 
itixte,  are 
tract  and 
y,    village 

to  all  the 
ies  not  in- 
[jompanies 

village  or 
ion  coiin- 
rniiiis.sion- 
he  streets 
Dse  herein 

with  the 
3y  conttict 


LA  TVS  OF  1881. 


CILVPTER  48H. 

An  act  to  amend  Chapter  :597  of  th."  Laws  oF  1870,  en- 
titled "An  Act  to  provide  for  the  laying  of  tele- 
graph wires  under  ground."     Passed  June  1(»,  1881. 

The  People  of  the  State  of  New  York,  represented  in 
Senate  and  Assembly,  do  enact  as  follows  : 

Chapter  three  hundred  and  ninety-seven  of  llie  lawssK..  i. 
of  eighteen   hundred   and   seventy-nine,  entitled,   "An 
Act  U)  provide  for  the  laying  of   telegraph  wires  under 
o-round,"   is  hereby   amended   so   as    to    read    as    fol- 
lows : 

Any   company    or    companies   organized   and  incor- sec.i.    ^^^^ 
porated  under  the  laws  of  this  State  for  the  i)urpose  of ''^.'j",;,;',', 
owr.ing,  constructing,  using  and  maintaining  a  line  or    unde-Kn.umi 
lines  of  electric  telegraph    vithin   this   State,  or  i)artly 
within  and  partly  beyond  iiie  limits  of  this   State,  are 
hereby  authorized,  from  time  to  time,  to  construct  and 
lay  lines  of  electrical  conductors  under  ground   in  any 
city,  village  or  town,  within    the  limits  of   this  State, 
subject  to  all  the  provisions  of  law  in  reference  to  such 
companies  not  inconsistent  with  this  act,  provided  that 
such  company  shall,  before   laying  any   such   line  in 
any  city,  village,  or  town  of  this  State,  first  obtain  from 
the  common  council  of  cities,  the   trustees  of  villages, 
or  the  commissioners  of  highways  of  towns,  permission 
to  use  the  streets  within  such  city,  village  or  town, 
for  the  purpose  herein  set  forth. 

Nothing  in  this  act  contained  shall  be  so  constructed  skc.2. 
as  in  any  "way  to  limit,  alter  or  affect  the   provisions  or  ^''^;^"^^J,l^ 
pow«a\s  relating  or  gianted    to   tehdegraph   companies 
heretofore  created  by  special  act  of   the   legislature   of 
this  State,  except  in  so  far  as   to  confer  on   any   such 
company  the  right  to  lay   electrical   conductors   under 


m 


200 


B !■.<■.  3. 


8ec.  1. 


^roiiiul ;  Mild  iiodiiiii;' in  section  hcvcii  oP  titlo  tliree,  of 
t'lijil)tt'r  ci.ulitecii,  of  pill  one,  of  the  Hfvisi'd  Slatiites, 
sliiill  Ix"  so  coiisf iiKicd  as  {o  Jipply  to  any  tHl('<;i'ai)li 
CDnipany  ln'iet()f()i(i  iMcorpoiaU'd  iiikUm'  ii  speriiil  act  of 
Hie  Legislature  of  this  State. 

All  acts  and  parts  of  arts  inconsistent  with  the  pro- 
visions of  this  act  ai<'  lieiehy  l'ei)ealed. 

This  act  shall  take  ell'ect  innncdiately. 


NEW  YORK. 


LA  WS  OF  1881. 


CHAPTER  597. 


Si:r.  1 

T  e  1  e  K  r  a  p  li 


An  act  to  provide  for  fixing  the  manner  of  assessing 
certain  real  estate  of  telegraph  companies. 

The  people  of  the  State  of   New   York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

It  shall  be  the  duty  of  the  several  telegraph  com- 
com\mnk-.'Vopanies  owning  a  line  or  lines  of  telegraph  within  this 
mak. return.  gt;,,t;j.^  to  retum  iiuder  the  oath  of  its  ])resident  or 
secretary  or  treasurer,  on  or  before  the  time  required 
by  law  for  the  delivery  of  the  assessment-rolls  by  the 
assessor,  to  the  comptroller  of  the  State,  and  also  to 
the  treasurer  of  each  county  in  which  any  portion  of 
the  lines  of  such  company  is  locateil  (in  the  city  of 
New  York  such  return  to  be  made  to  the  commission- 
ers of  taxes  and  assessments  thereof),  a  statement 
showing  the  total  length  of  such  lines  within  each 
county,  with  the  cost  of  cimstruction,  including  all 
equipments,  or  what  would  be  the  cost  of  reconstruc- 
tion thereof,  on  the  lirst  day  of  January  preceding  the 
date  of  such  return,  and  it  shall  be  the  duty  of  the 
assessors  in  each  assessment  district  in   which   such 


tliren,  of 

Slatilles, 

ial  act  of 
the    [iro- 


207 

property  is  located,  to  insert  in  the  assessment  books 
thereof,  for  tlie  purpose  of  taxation,  a«  tl»e  value  of 
such  property  wiihin  said  district,  such  proportion  of 
the  cost  of  construction  or  reconstruction  as  the  h'ligth 
of  the  lines  of  such  company  within  such  distri-t  hears 
to  the  a<'gre^ate  length  (.f  all  the  lines  of  such  com- 
pany within  the  county.  'Hie  treasurer  of  such  county 
shall  notify  all  town  and  <'ity  clerks  by  sending  to 
them  a  copy  of  the  sworn  statement  received  by  him 
from  any  telegraph  company  as  herein  provided. 
This  act  shall  take  effect  immediately.  «''^- ' 


m 


assessing 
M'esented 


iph  com- 
thin  this 
sident  or 
required 
s  by  the 
[  also  to 
ortion  of 
!  city  of 
[imission- 
jtafenient 
thin  each 
iding  all 
construc- 
iding  the 
y  of  the 
ich   such 


208 


I; 


LAWS  OK  NOKTII  CAROLINA. 


8kc.  I. 


Sec.  '.'. 


Sec.  3 . 


An  Act   to  Facilitate   tiie  (Jonstnirtioii   uf  'l\!l(«^a'ai)li 

Lint'. 
(UatilitMl  Miiirli  IDtli,  1875.) 
IVii'  General  Afisi'inh],/  <>/'  North  IMro'ina  do  enact. 
That  for  the  i)iiriM)st's  of  this  Act  the  .hidi;''  of  the  Sii- 
IH-iior  Court  in  vacation  .shall  have  and  cxcrcis."  tho 
same  power  and  jnris<liciion  as  the  Snix-rior  (Jonrt  may 
exercise  snhjecl  to  the  same  ri<;ht  of  appeal  to  the 
Siil)eriorCo<iit,  as  from  linal  jnduments  of  the  Superior 
(^)nrts,  and  the  (H.-rk  of  the  Superior  Court  of  the 
(^.unty  in  which  the  lands  lie,  or  into  or  through  whitdi 
the  easenn-nts  or  riyht  of  way  .'xtends,  in  or  over  wliicli 
a  privilege,  easement  or  use  is  sought,  shall  \n>  iheCierk 
of  such  Superior  Court  r.Mjuired  to  perform  thesanie 
dutii.'s  and  entitled  to  the  same  fees  as  in  oilier  similar 
cases  in  the  Superior  Court. 

Such  (;ierU  shall  not  be  required  to  attend  the  Court 
at  any  place  other  than  tluM-oiirt  house  (»f  his  coiinty, 
hut  must  make  all  proper  orders  and  entries,  and  issue 
all  proper  i)rocess,  writs  or  notices  as  commanded  l;y 
the  Superior  Court,  whether  in  term,  time  or  vacation. 
-  That  any  telegraph  company  chartered  or  incor- 
porated hy  this  or  any  other  State  shall  have  the  right 
to  construct,  maintain  and  operate  lines  of  telegraph 
along  any  railroads  or  other  public  highway  in  the 
State  of  North  Candina  ;  but  such  lines  of  telegraph 
shall  be  so  constructed  and  maintained  as  not  to  obstruct 
or  hinder  the  usual  travel  on  such  railroad  or  other 
highway. 

That  such  telegraph  company  shall  have  power  to 
contract  with  any  person  or  corporation,  the  owner  of 
any  lands  or  of  any  franchise  or  easement  therein,  over 
which  such  line  of  telegraph  is  proposed  to  be  erected, 
for  the  right  of  way  for  planting,  repairing  and  preser- 
vation of  its  telegraph  poles  or  other  property,  and  for 


;1  - 


-MO 


iht'  preotioM  Mini   orcupiilinii  of  odlct's  !it  siiilablo  (lis- 
tiini't's  for  lilt'  jtiililif  Mci-oinmoiliUioii. 

That  Miicli   tclHt^r.'ipli  ('(tmpiiny  sliall  Iw  t>ntitl<Ml  to  f1i(>srr,  i 
rif^lit  (»r  way  dvcr  flic  lands,  juiviit'^fs  ami  casciin'iits  of 
otliiT  itt-rsoiis  and  corpoialioiis,  ami    tin' ri.ulit    to  t'l't'ct. 
])oli'saii(l  to  t'sfahlisli  offices  upon  making-  just  compt'ii- 
satioii  tlu'i'd'or. 

Tliat  wliciii'Vi'V  siicli   tflfirrapli  company  sliall  fail  ohskc  .i. 
jiltiilication  tlici'fol'  to   scciiit' i)y  contract  or  a;:,rct'nii'!it 
such   v']<j;\\\  of  way  for  tlic   piirjioscs  aforesaid,  ovi-r  tlit; 
laiwls,  piivi !(',!;•<'   or  cascint'iit   of  aiiot  Ik'I  piTsoii  or  cor- 
])oiatioii.  it  sliall  l)i'  lawful  for  siicli  telegraph  company, 
iirst  uivinjz:  security  for  costs,  to  lijc  its  petition  liefore 
the  Siqierior  Coiirl  for   the  county  in  wliicli   saiil  1  uids 
are  situated,  or   into  or  throiiirh  wliieli  su(di  easiineiifs, 
privilege  or   fraiudiise   ext«nds,  setiin<;'   forth   and   de- 
scrihint;  (he  parcels  of  land,  privileiic  or  easement  over 
which    the  way,  privilee;e  or   riulil  of  way  is   claimed; 
the  owners  of  tlie  land,  easement  or  privilet;'.',  and  their 
])lace  of  residence,  if  known,   jiml    if  not  known,  that 
fact   shall  be   stated,  and    such  petition  :.liall   set  forth 
the  use,  easement,  [)rivilej,fe  or  other  rii;ht  (dainie(l,  and 
iimst   he  sworn  to,  and  on  siudi  piMition,  if  tin;  use  or 
right  sought  be  over  or  upon  an  eascnnent  or  right  of 
way,  it   shall    be  sufficMeut   to    give  jurisdiction,  if  the 
person  or  coi'poration    owning  the  easement  oi'  right  of 
way  be  made  a  party  defemhint. 

Provided,  that  only  the  interest  of  such  i)arties  as 
are  brought  before  the  ('oiirt  shall  l)e  condeinued  in 
any  such  proceedings  ;  and  if  the  right  claimed  be  over 
or  upon  an  easement  or  right  of  way  which  extemls 
into  or  thi'ough  mort^  counties  tluiu  one,  the  whole 
right  and  controversy  may  he  heard  and  determined  in 
one  county  into  or  thiough  which  such  easement  or 
right  of  way  extended. 

That   a  copy   of  such  petition,  with   a  iH)tice  of  the S''-'^- '^■ 
time   and  i)lace,  the  same  will  be  presented  to  the  Su- 
perior Court,  must  be  served  on  the  person  or  persons 
whose  interest  are  to  be  affected  by  the  proceedings,  at 


m 


1 


I. 


r 

k 


S«c.  7. 


Sec.  8. 


Skc.  S. 


Sf.c.  10. 


Skc.  11. 


U.asth.n<layspri..rt..   tin' i"-'"""^""  "f  tl."  siun.' to 

::"lu:.o..:...n.ortl..-on.'-Uionronn    Mit.^^^^^^^^^ 
inwl.irh  tlu"  lan.l..rr!is,.nu.nn.ss,iuutra,  oi  upon     nj 

„,l„.,„ni.v.<.f  th.-co.pon.lion.  ^..,.,i„„s  of 

,,,,.,,,,,,,, ,.,,l,,,a,,Mrty  v,oiu..r.i..':.vN^ 

,san.lH^M,tl.un.lml  :.n.l   srvnty  <.n.M:U.lu-.l      .'b- 
.       ;  H     ,  on.,  tlx.nsan.l  .M^l.t  In.n.I.v.l  an.l  Hevntytwo, 
r.na     M.s:un.ar.snKul..  nppli.-al.^l..otl..M>.-^^^ 
l;iTn  Subaiv,s,.>n.u.Ml,  v., 

rom;liv.^six:mas....nofs...li..nl^        ,  :nul  .e....m 

fift.MMi  t.)  twrnlytl.ive,  inclusiv.'.  ....n  k« 

Ti...  ,.rn>  land  or  n-al  ."state  in  sai.l  s.cu..ns  slia  1  1  e 

,,,;;;;;  Uu-Uule  an  interest,  u«e,  p.ivib.ge  or  eanen.ent  m 

^'Tl'"tthe  rigl.t  of  appeal  to  .!..■  Superi.T  Court  sl.all 
,jH,„,;!;t.rthir.y  .lays  af,..r  tin.  c.>u.irn.iU....M^ 
.,,,.,,loftheeomu,issioners;  but  sueh  app.nil  shall  not 
^^      :itUri,ht.>fthepeti,i..neMotak.M-^^^^ 
the  easement,  privil.'^^^  or  "se  c.n.lenuuMl   it  th.;  <lani 
^" 'and  cost;  a.l ju.l,..a  be  pai.l  or  .lepos.te.l,  as  .hreoted 

int^;e;t's;u.l.isov^ran..eu.ent,prinl.-^^^ 
WW     the   conimissioners   may  luspi-ct   the  iiLiu-sts  oi 
:  rtheir  1  ndin,^  on  t.>stini..ny,  as  t..  them  may  be  sat.s- 
;  to  V     ad  th^  costs  of  the  proceeding,  shall  be  pan 
i^rpJ^Uioner,  unless  in  .he  opinion  of  the  SiU^^^^ 
rmirt  the  defendant  improp.'rly  relerred  the  i.iivile<,e, 
^^ov  easement  denuuided,  in  which  <-ase  the  costs  n,us 
;;:;djSd  as  to  the  C.>urt  may  appear  equitable  and 

^"a11  laws  and  .-lauses  of  laws  in  conHict  with  this  Act 
"t!;^"  a!^  sh!;;i  tt  e.ect  from  and  after  its  rutiiication. 
llatified  the  lUtli  day  of  March,  a.  d.  1«7o. 


I: 


m 


'm 


siimo  to 

iiiatlf  l)t' 
(M'v»'il  on 
«•  coiinly 
poll  -ny 

ctiouH  of 
ts  of  one 
lied  Feb- 
I'll  ty  two, 
procccd- 

VO,    til  ICC, 

(I  jst'olioii 

s  shiiU  be 
seme  lit  in 

Onrt  sliall 
ioii  ol'  the 

Hliiill  not 
^session  of 

tlit"  (lani- 
19  directed 

,,  when  the 
or  rij,dit  of 
remises  or 
ly  be  satis- 
all  be  paid 
le  Superior 
(  privilej^e, 
costs  must 
citable  and 

til  this  Act 

ratilication. 
). 


211 
NOinU     (  AIIOLINA. 


/.A  \ys  OF  IHHl. 


CIIAPTKU    I. 


An  Act  to  pimiMli  injury  to  lelt'<rriipli  lines. 

Any  person  who   sliall    wilfully  injiirt^  or  dt'stroy,  "'"•J',';;,!,^,,,,  i„ 
pull    (hiwii   any  teh'^riiiph    polf,  wiiv,  insulator,  or  any    wimiiiv  in^- 
otlifr  fixture  or  apparatus  attached  to  a    tele«jrapli  line    iHJ-k'rapii 
shall  bt,'  K'l'by  of  a  misdt'mcaiior,  ami  may  be  lined  and  I'.imiiy. 
imprisont'd  at  the  discrt'liou  of  the  Court. 

That  this  act  shall  be  in  force  from  and  after  its  lati-SKo, a. 
(nation. 

Read  three  times  in  t  he  (J.'iieral  Assembly  and  ratill^d 
this  IStli  dav  of  .lanuary,  a.  i».  ISSI. 


ciiArrKR  no. 


An  Act  to  raise  revenue. 


The  General  Ass(»mbly   of   Nortli   (!ar(dina  do  enact,  sk<:i 
Every  t(de<>riii)h  company  doiii''   biisiiie.s.s   iii   tiiis  State''"'''^'"'''"""'- 
shall,  at   the  time  and  in  the  manner  pre.scribed  in  the 
precediuf^  section,  make  rej)orts  of  the  entire  receipts  of 
said  company   within    this   State  and  pay  to  the  public 
treasurer  two  per  centum    for   each   three  months  ;  and 
in  case  of  default  of  such  report  and  payment,  the  c<»m-  ivnoity, 
pany  shall  i)ay  a  penalty  of  one  thousand  dollars,  to  be 
collected   by  such  sheriff  as   the  i)ublic  treasurer  shall 
designate,  by  distress  or  otherwise. 


m 


;  m  - 

NORTH  (UROLINA. 

LAW.^  OF  18H:1 


CHAPTER  103. 


An  Act  to  anu^nd  the  acts  of  one  thousand  eight  hun- 
dred and  eighty-one,  chapter  four.     The  General  As- 
sembly of  North  Carolina  do  enact  : 
^^vXs.c.i     That  section  one,  chapter  four,  Acts  of  one  thousand 
\"„Te.Vr''e5aht  hundred  and  eighty-on.',  he  amended  by  inserting 
'7.Si'?nc.,fter  the  word  "telegraph."  in  second  and  liiird  lines, 

pole,   I'tc,    a  ,11  M 

misdfmeaii- tli,>  wOl'ds        Or  lelepllOUe. 

°'"'°'"'  That  this  act  shall  be  in  force  from  and  after  its  rnti- 

lication.     In   the  General  Assembly  <ead  tiiree  times, 
and  ratiried  this  the  9th  day  of  February,  A.  i).  \SS^, 


Sko.  2 


CHAPTER  i;30. 


An  Act  to  Raise  Revenue. 
The  General  Assembly  of  North  Carolina  do  enact : 
Every    *    *     *     telegraph   and   telephone   comp:iny 
Sri  te,e-doing  business  in  this  State,  shall  pay  a  tax  of  two  per 
graph  and  toi-p^^,jf  ^^^^  ^^g  gj^o^s  receipts  within  the  State.      Ihe  super- 
2r"™intendent,  general   manager,  or  other  chief  officer  of 
every  such  company,  shall  make  return  under  oath  to 
the  Treasurer  of  State  within   ten  days  after  the  first 
day  of  January,  April,  July  and  October,  of  the  amount 
of  the  gross  receipts  of   the  company  for  the  quarter 
ending  on  the  hist  day  of  the  month  immediately  pre- 
ceding, and   pay  to   the   Treasurer  the  tax   herein  im- 
posed at   the   time  of   making  said  leturn.     Incase  of 
default  of  such  return  and  payment  of  tax,  the  company 
shall  pay  a  penalty  of  one  thousand  dollars,  to  be  col- 
lected by   such   sheriff  as  the  Treasurer  of  Stale  shall 
designate,  by  distress  or  otherwise. 


Penalty. 


2i:5 
OHIO. 


REVISED  STATUTES,  1880. 


^lit  Imn- 
uenil  As- 

tlioiisjiiul 
iiispi'tiiig 
iicl  lines, 


r  ils  I'Mti- 
ee  times, 
.  188;^, 


nact : 

t'oniptiny 
A  two  per 
Mie  super- 
officer  of 
er  oath  to 
n'  the  lirst 
16  amount 
lie  quarter 
ately  iire- 
heivin  iin- 
In  case  of 
3  company 

to  be  col- 
Stale  shall 


Part  1.     PoMTrrAL  Tit.   XIII.     Taxation. 


in- 

re  ■ 


CUAPTKR  '2. 
Listing  Pkusoval  Phophuty. 

Express  and  Telejicraph  Companies. 

****-/:*    any  person  or  persons,  joint  stock  SKc,  !K7r. 
association  or  corporation,  engaged   in   transmitting  f<S  "7e?eKrT,Th 
from,  through,  or  in   this   State,   telegraphic  messages   comimmes, 
shall  he  deemed  and  liehl  to  be  a  telegraph  company. 

Each  agent   of  any   express   company,    or   telegraph  skc.  arss. 
company,  having  its  principal  office  in   any  other  State  ''^!i""'''expies» 
or  couiiti-y,  and  doing   business  in    this  State  shall  an-    ami    teie- 
nually,  in  theiuonth  of   May,  make  and   deliver  to  the    p^,','-^ on  " 
auditor  of  the  proper  county,  in  which   such  agent  has   ceipts. 
his  place  of  business,  a  statement  verilied  by  the  oath 
of  such  agent,  showing  the  entire  receipts  of  such  agent 
for  the   year  then  next  preceding,  for  and   on  account 
of  such  company,  including  its  proportion  of  gross  re- 
ceipts for  business  done  by  suclic(mipaiiy  in  connection 
with  lines  of  other  companies  outside   of   the  limits  of 
the  State,  provided  that  the  amount  which  any  express 
company  actually  pays  to  the  railroads  wiii.in  this  State 
for  the  transportation  of  their  freight  within  this  Slate 
may  be  deducted  from  the  gross  receipts   of  such  com- 
pany as  above  ascertained,  and  the  balance  thus  found 
as  to  the  express  comxianies,  and   the  gross   receijits  as 
above  ascertained  for  the  felegiaph  companies,  shall  be 
by  said  auditor  entered  upon  the  duplicate  of  his  county 


m 
If 


^' 


214 

against  said  comrnny  ;  provided  further,  tint   nothing 
l.erein  sliall  release  sueli   (-(.nipany  from  the  provisions 
of  section  twenty-seven   hnndied   and   forly-lour  ;  am 
provided  further,  that  if  such  company  have  a  principal 
agent  in  this  State,  superintending  its  other  agents  with- 
in tliis  State,  and   to  whom  its  other  agents  account  lor 
all  receipts  and  expenses  of   tlieir  lespective  agencies, 
then  such  principal  agent  may  make  the  returns  in  their 
respective  counties  herein  required,  in   accordance  xvilh 
the  provisi(ms  of  this  chapter,  of  all  agencies  witliin  the 
State;  such  agent  or  agents,  in  making  statement  of  suck 
receipts,  shall  include  as  such  all  sums  earned  or  charg- 
ed of  the  business  for  such  preceding  year  whether  actu- 
ally received  or  not. 

If  any   agent  of  such  express  or   telegraph   cuinpany 
oieediuKa  in  g]J.^u  „^.",riect  or  refuse  to  make  and   return   such  stite- 
:;rr;ament  it";;  hereby  made  the  duty  of   the  auditor  of  the 
refuses  to ^^jjjjj,     1,^  ^^,],ipl,   g„(.ii  agent   luis  his  office   or   place  ot 
;:::::^  ""business,  to  ascertain  the  anumnt  so   received  by   siich 
a^'-ent,  and  for  that  purpose  he   is  hereby  authorized  to 
institute  proceedings  in  the  Probate  C(.urt of  the  proper 
county  in  the  name  of  the  State,  against  said  agent,  to 
comi-el  the  appearai'.ce  of  such  agent  before  said   Court 
to  answer  such  quesfions  as  may  be  put  to  him  relating 
to  his  said  agency,  and  the  subject   matter  thereof.     It 
shallbe  theduty  of  the   said  Piobate  Judge,    cm   com- 
plaint of  any  county  auditor,  that  any  such   agent   has 
refused  or  neglected  to  make  the  statement  required  by 
the  next  preceding  section,  to  compel   the  attendance 
of  said  agent  before   him  by  the  process  of  the  Court, 
aud  then  and  there,  to  require  him  to  answer  undei-  oath 
all  questions  that  may  be  ])Ut  to  him  relating  to  his  said 
agency,  which  examination  shall  be  reduced  to  writing 
by  said  Judge,  and  the  cost   of  such  proceedings   shall 
be  taxed  against  said  agent  personally,  and  colle(!ted  as 
^"aTt  TJ'tuTniu  <"'^e  of  judgment  of  said  Court.     From  the  examma- 
^emron  mxfi,,,,  ;, Foiesaid,  aud  such  information  as  the  auditor  can 
";;  '""'  '"'Obtain,  he  shall  ascertain  the  receipts  of  saici  agent,  and 


Skc.  2779 

".     0( 

1 
w 


m 


'Jl.') 


notliing 
ovisioiis 
ur  ;  a  11(1 
irinripal 
tits  w  itli- 
'ouiit  for 

i  ill  their 
nee  with 
ithiii  the 
it  of  such 
or  chiirK- 
her  iiclii 


cuiiipaiiy 
icU  slite- 
or  of  the 
pUice  of 
by   s\i(;h 
lorized  to 
he  proper 
agent,   to 
lid   Court 
II  relating 
ereof.     It 
on   coni- 
igent   has 
(yiired  by 
ittendance 
the  Court, 
indei'  oath 
to  his  said 
to  writing 
ings   sliali 
ollected  as 
^  exaniina- 
iiditor  can 
agent,  and 


enter  the  sum  upon  his  tax  list  and  diiplieale,  witli  Hfty 
per  cent,  peimltx'  tl«"r;'oii. 

In  all  cases  when  the  return  for  taxation  is  made  to  skctso. 
th-^  several  companv  auditors  l)y  the  i)rincii.:»l  agent  (U  ,,y  e.„,r.ss or 
any  express  or  leleirapl.  company  under  tin,,  provisions  'J^;;^^-,... 
of  this  chai)ter,  it  shall  be  the  duty  ot  the  said  i)rm-  ,„.  f,„.„.„,.,i,.,i 
,ipal  agent  at  the  same  time  to  forward  an  abstract  ^;';;;;-""- 
thereof  to  the  aiidit(.r  of  the  State,  which  saul  abstract 
shall  contain  the  total  amount   returned   to  all  of  said 

counties. 

When  no  return  is  made  to  th»>  s<>veral    county  audit- i)i.iy..fc„utity 
orsbv  the  prin.-ipal  agent  of   any  express  or   telegraph    ';';;'^;;' ^ Zt 
company,   it    shall    be  the   duty  of  the  sever.il   county    ma.ie. 
auditors,  annually,  on  or  before  the  lirst  day  of  August, 
to  report  to  the  auditor  of  State  the  amount  returned  to 
him  hy  the  several  agents  of  any  such  company  in    his 
county,  and  th(!  amount  i)laced  by  such  county  auditor 

upon  his  tax  list  and  duplicate  against  such  company, 
which  returns  si.all  be  by  the  auditor  of  State  reported 
to  the  general  assembly  with  his  annual  rejmrt. 


0  II I  0. 


JiE  VISED  i<TA  TUTES 1880.     PART  1. 


Tit.  XIII.— CoNTiN'tKH. 


CHAPTER  0. 

COLLKCTION    01-    T.VXES. 


18 12. 
nt  of    Kx- 


'IMie  agent  of  every  express  or  telegraph  conijuiny  shall  Rr.: 
i-tain  in  his  hands   for  such  comi)any,  and  pay  to  the    p;;;«->[,™>- 
county   treasurer,    the    amount    of    all   taxes  assessed    ''.i'-'y  ^r  Te 
against  such  company,  and  in  cube  of  the  default  of  pay-   company. 


m 


216 


fori 
cei 


County. 


Sec.  2843. 


w 


ment  the  treasurer  shall  proceed  fo  collect  tii<'  same,  as 
in  cases  of  delinquent  personal  property  tax  :  Provided 
that  wliere  there  is  more  than  one  such  iif,'ent  of  the 
same  company  in  one  county,  the  agent  thereof  in  the 
n  mnv  navPnut'ilw'  <''f^>  f**^^'^  ">'  vlllage  of  sucli  couutv,  may  as- 
raiitiuom  suiue  the  paiynient  of  siu-ii  tax,  and  upon  so  dinng,  tiie 
'*  °'  ""'other  ageni  in  the  same  county  shall  not  be  required 
to  retain  funds  to  pay  the  same. 

If  the  taxes  assessed  against  any  express  company  or 
telegraph  company  in  any  county  in  this  State  shall  re- 
main due  and  unpaid  to  the  treasurer  of  said  county,  for 
the  period  of  twenty  days  after  the  time  provided  by  law 
for  the  payment  thereof,  it  shall    be   unlawful   for  any 
person  or  persons  or  corporation  to  act   as  agents  or  do 
or  transact  any  business  for  such  company  so  in  default  • 
to  such  county,  ui\til  said  tax  and   interest  and  penalty 
is  fully  i»aid  ;   any  pers(m  or  agent,  manager  or  clerk  of 
any  corporation,  who  shall  after   such   default,  directly 
or  indiiectly  act  as  agent  of  or  do  or  transact  any  busi- 
ness whatever  on  account  of  or  for  the  benelit  of  such 
company  so  in  deCnult,  oiher  than  the  payment   of  said 
rax,  shall  be  held  to  be  guilty   of  a  misdemeanor,  and 
on  conviction  thereof,  shall  be  fined  in  any  sum  not  less 
than  <me  hundred  nor  more  than    live   hundred   dollars, 
or  punished  by  imprisonment  in  the  county  jail  and  fed 
on  bread  and  water  (mly,  not  exceeding  ^hii  ty   days,  or 
both,  at  the  discretion  of  the  Court ;  after  such  default 
nmde  as  aforesaid,  any    railroad  company  which   shall 
directly  or  indirectly  convey  or  carry  for  said  defaulting 
'  xpress  or  telegraph  comi)any,    any   package  of  money 
merchandise  or  otlier  article,  or  transmit  any  telegrai)hic 
niessage   after   having   notice   of  such  default,  shall  for 
every  such  offenc^e  forfeit  and  pay   a  sum   equal  to  the 
amount  oi'  such  tax  due  and   unpaid,  with  the  interest 
and  penalty  thereon,  to  be  recovered  by  an  action  in  the 
name  of  the  State  in  the  county  where   such   tax    is  as- 
sessed, with  the  costs  of  suit. 


'# 


samp,  as 
Provided 
:  of  the 
>f  in  the 
may  as- 
king, the 
required 

ipany  or 

shall  re- 

unty,  for 

edbylaw 

for  any 
nts  or  do 
n  defanll 
I  penalty 
I'  clerk  of 
,  directly 
my  hnsi- 
t  of  such 
t  of  said 
mor,  and 
1  not  less 
.  dollars, 
1  and  fed 

days,  or 
h  default 
ich  shall 
efaulting 
of  money 
legraphic 

shall  for 
ual  to  the 
.e  interest 
ion  in  the 
ax    is  as- 


217 
OHIO. 


BE  VISED  STATUTES  ^^m.     PART  11.  CIVIL. 


Tit.  II.     Coi'vPOHATioNs. 


CHAPTER  2. 
Railuoad  Companies. 
\  railroad  company  now  existing  or  l^^veaftcr  created^  s^^3.vo^^__^ 
mav  maintain  and  operale.  or  construct,  maintain,  and    ,„„    ain.ain 
l^.ate,  a  railroad,  with  a  single  or  double  track,  with    an-.o... 
such  sidetracks,  turnouts,  offices,    depots,  n.umlhouses, 
m  ichine  shops,   water  tanks,  telegraph  lines,  and  other 
;:;:^larv  appliances,  as  it  deems  nccessaiT,  bet-en  the 
points  named  in  the  article  of  incorporation,  commenc- 
ing at  or  within,  and  extending  to  or  into,  any  city   vil- 
lage  town,  or  place  nanu-d  as  a  terminus  of  its  road. 


■■4 


OHIO. 


JiEVISED  STATUTES  \m).      FART  II. 

'P(,j,     lI._CoNTINlIKl). 

CHAPTER  4. 
MACiNKTic  Tklkouaimi  CoMI'AMKS. 
A  magnetic  telegraph  company  heretof..re  or  hereafter  sk.^34m,^^.^„ 
created  may  construct  telegraph  lines  from   point   to    pe.... 


fit 


\ 


r}\ 


r3 


218 

point,  aloii.i;- and  iiiMMiMiiy  piil.lic  n.iid.  by   tlie.-wtioii 
(.f   tlie   necessary    fixtmes,    Inclndiiiji-   i-osts,  i)i  is  and 
abutments,  necessary  Un-  111.'  wires  ;  but  the  same  sliall 
not  inconuuode  the  publico  in  the  use  of  such  unul 
si;...ir.5.  \„y   such    conipanv    mav   conslruot,    own,   usi-  and 

whetlier  described  in  its  oiijiinal  arti<'U's  <»!'  incorpora- 
tion or  not.  and  whetlier  such  lines  are  wholly  wirhiii 
or  partly  beyond  the  limits  of  this  Stare,  and  may  join 
with  any  other  comiiany  or  association  in  conducting-, 
leasing,  owninji-.  usin.i;-  or  maintaining  such  line  or  lines 
upon  such  terms  as  may  Ix'  agreed  upon  betwe.-n  the 
directors  or  managers  of  ih."  respective  compani<^s  ;  and 
such  companhsmay  own  aiul  hohl  any  interest  in  any 
sucli  line  or  lines,  or  may  become  lessees  of  such  line 
or  lines  upcm  sucli  terms  as  may  be  agreed  upon. 
SK.c.3ir,«.  Any  such  compary  may  ent.'r  upon  any  land,  whether 

Ma.v.-nteriipon  j|^,],l  j,y  .,,1  individual  or  a  corporation,  and  whether 
rrtXr'a.'cp.-.re.lby  purchase  or  appropriation,  or  in  virtue  ..f 
any  provision  in  its  charter  for  the  purpose  of  making 
p,reliminary  examinations  and  surveys  with  a  view  to 
the  location  and  erection  of  lines  of  magnetic  telegraph, 
and  may  approi>riate  so  much  thereof  as  may  be  deemed 
necessary  for  the  erection  and  nuiintenanca  of  its  tele- 
graph poles,  iners,  abutments,  wires,  and  other  neces- 
sary tixtures,  and  for  stations  and  the  right  of  way  over 
siudi  lands  and  adjacent  lands  sufiicieiit  to  enable  it  to 
construct  and  ivpair  its  lines. 
SK..3l.^T.  No  such  company  shall,  without  the  consent  of   the 

''o'n''l'uch  air  owner  thereof  in  writing,  enter  a  building  or  edifice, 
thority.  or  use  or  api)ropriate  any  pait  t'lereof,  or  erect  any 
telegraph  pole,  ])ier,  or  abutment,  in  any  yard  or  in- 
closure  within  which  an  edifice  is  situate,  nor  in  cases 
not  provided  for  in  sectioji  three  thousand  four  hundred 
and  sixty-one,  erect  any  telegraph  ])ole,  pier,  abutment, 
wires,  or  other  fixtures,  so  near  to  any  edifice  as  to  oc- 
casi(m  injury  thereto,  or  risk  of  injury,  in  case  such 
pole,  pier,  or  abutment  be  overthrown,  nor  destroy  any 
fruit  or  ornamental  tree;  when  lands  sought  to  be  ap- 


^If 


t'lCCllOll 

»i   IS  iuitl 
iint>  sIimII 

use  mill 
I'lfoiiii)!), 
lU'orpoi'ii- 
ly  witliiii 
may  join 
ikIucIim.u;, 
('  or  liiit^s 

WCl'M      tlU! 

liMs  ;  niid 
■st  ill  any 
such  Hue 
on. 

,  wlit'tlier 
whetlier 
virtue  of 
)[  iiiakin<5 
a  view  to 
rele^-raph, 
:)e  (leenicd 
f  its  tele- 
lei"  neces- 
r  way  over 
lable  it  to 

■lit  of  the 
)!•  eilitice, 
erect  any 
ird  or  in- 
)!•  in  cases 
ir  hundred 
al)Utnient, 
e  as  to  oc- 
case  such 
i\stroy  any 
to  be  ap- 


210 

propriated  for  lines  of  magnetic  tele-raph  are  held  by  a-;;^;;.-  , , 

(.onx.ration  incorporated  mid.T  any  Imw  ot    this  Mate,    ^„  „.. 
whether  held  bv  purchase,  or  in   virtue  of  any   appro-    ^^^>^^J^ 
priation  authoii/.e.l  by  its  charter  <.r  by  any  hnv  of  this    ^,„„,,„, 
State,  the  vi^^ht  of    tlie  company    to  appropriate     uc h 
lands  shall  be  limited  to  such  use  of  the  same  as  shal 
„„t,  in  anv  material  .h-vee,  interfere  with  the  pra.-tica 
uses  to  which  the  company  is  authorized    to    put    sk 
lands  under  its  charter;   and   no   such    company   shall 
erect   poles,  pior,  abutments,    wires,  or  other  necessaiN 
fixtures,  in  such  close  proximity  to  any  other  line  ..! 
.Magnetic  telef-raph  authorized  by  law  to  be.-onstructed 
as  to  interf.-re  mecdianically  with  the  practica.  working 
of  such  telegraph. 

The  light  of  such  a  ompany  to  use  lands   hold   I'vasK.:..... ^^ 

railroad  company  for  the  permanent  structures  ot  siicn    ,_^„„  .^  „.„., 
telegraph  shall  be  limited  to  the  land   which  1>-  -.  h.n    j.  a  .n.ay 
live  feet  of  the  .mter  limits  of  the  right  ol  way  <.f  the  i.iil- 
road       company       where      it       is      practicable       to 
erect    a      line      within       those    limits;      when      the 
company      seeks      to      appropriate     lands    that     lie 
beyond    those    limits    its     petition     must     set     forth 
the  facts  showing  that  it  is  impracticable  to  erect   such 
line  witiun  said  limits  and  designate  either  by  a  survey 
and  map  or  by   reference   to   monuments  or  by   other 
means  of  easy  identification,  the  place   or  places  waere 
the  company  seeks  to  establish   the  line;    the  Probate 
Court  shall  in  all  instances  determine   if  it  be  contro- 
verted by  the  railroad  company,  whether  the  erection  of 
the  line  at  the  places  designated  will  in  any  material  de- 
gree interfere  with  the  practical  uses  to  which  such  rail- 
road company  is  authorized  to  put  such  land  ;   and  it 
the  Com t  is  satisfied  that  it  will  so  interfere  it  shall  re- 
iect  the  petition  or  require  the  structure  to  be  erected  at 
such  other  place  or  j.lnces  as  the  Court  shall  direct ;  but 
nothing   in   this   chapter  shall  be  so  construed  as     o 
authorize  any  company  to  appropriate   the  use  ot     he 
track  or  rolling  stock  of  any  railroad  company  tor  tiie 
purpose  of  transporting  poles,  materials  or  the  employ- 


skc.  ;itcn. 

When  the  Iniul 
lies  in  iiion- 
t  )i  a  n  on  e 
I'oiinty. 


Sko.  .•1(111 

IIow  ritjlit  ti 
use  |iulili< 
i;i'i>uii(l  ae 
quiritl. 


Skc.  UlC'.'. 

Must  V  e  I'  0  i  V  e 
niul  transmit 
(lis|Mit  c-hi's 
except  from 
com  p  e  ting 
lines. 


m 


220 

ees  of  siicli  telegniph  coniiKiny  or  for  any  other  purpose 
wliivtever. 

rioct'ccliii^^s  to  ii|)i>ropri;itt'  liinds  to  flie  use  of  i\  cotn- 
paiiy  iin'iiiiist  ii  (lt'r<'M(laiif  wliosi' jiiljoiiiiiii;'  or  coiitimions 
laiul.s  lii'  ill  more  tliaii  oiir  coiiiity  may  hr  iiistiiiitccl  in 
any  coiiiily  in  wliicii  any  part  of  said  lands  lie,  and  the 
(hima<ie  slmll  be  assessed  in  one  |)ro('eedinfj:  in  respect  of 
all  such  lands  of  tin-  defendant  souf^lit  to  be  appi'o- 
priated,  wliellicr  lyinj;'  in  t'le  eoiinly  wherein  the  Court 
is  siilin<f  or  in  other  counties. 

When  any  lands  antliori/.ed  to  be  appropriated  to  the 
the  use  of  file  company  are  subject  to  the  easement  of 
the  street,  alley,  public  way  or  other  public  uses  within 
the  limits  of  any  city  or  village,  the  mode  of  use  shall 
be  such  as  shall  be  agreed  ujiou  b(>tween  the  municipal 
authorities  of  the  city  or  village  and  the  company  ;  and 
if  they  cannot  agree,  or  the  munirijial  authorities  un- 
reasonably delay  to  enter  into  any  a,<j;reement.  the  I*ro- 
bite  Coi;it  of  the  county,  in  a  procee  liiiii'  instituted  for 
the  pur|)ose,  shall  diietU  in  what  mode  sik'Ii  telei4M:i[)h 
line  shall  be  constructed  alont^  siudi  street,  alley  or  pub- 
lit^  way  s{\  as  not  to  incommode  the  public  in  the  use  of 
the  same  ;  but  nothing-  in  this  section  shall  be  so  con- 
strued as  to  authoiize  any  municipal  corporation  to  de- 
mand or  leceive  any  compensation  for  the  use  of  street, 
alley  or  public  highway  beyond  what  may  be  necessary 
to  restore  the  pavement  to  its  former  state  of  usefulness. 

Every  company,  incorpoi'ated  or  i nincoi'iiorated, 
operating  a  telegraph  line  in  this  State  shall  receive 
dispatches  from  and  for  other  telegraph  companies 
which  aie  not  parallel  to  or  are  not  doing  business  in  com- 
jietiticm  with  the  line  over  wdiich  tliedispatch  is  required 
to  be  sent,  and  from  or  for  any  individual,  and  on  pay- 
ment of  its  usual  cliarges  for  transmitting  dispattdies  as 
established  by  the  rules  and  regulations  of  thecompany 
shall  transmit  the  same  with  impartiality  and  good 
faith,  under  a  penalty  of  one  hundred  dollars  tor  each 
case  of  neglect  or  refusal  so  to  do,  to  be  recovered  with 
costs  of  suit  by   civil  action   in   the  name  and  for  the 


221 


r»f  ii  coin- 
iiitiiiiious 
iliitt'tl  ill 
,  iiiid  the 
'espcct  of 
e  Jippro- 
lie   (Joint, 

('(1  to  the 
jenicnf  of 
es  within 
list*  slijill 
iniiiicipMl 
my  ;  mikI 
iiitit's  iiii- 
thc  Tro- 
itiited  for 

y  or  piib- 
lie  use  ol' 
B  so  con 
ion  to  de 
of  street, 
nect'ssjiry 
sefiilne.ss. 

H'ljorated, 
11  I't'ceivr 
M)nip!inies 
S.S  in  c'OMi- 
s  requin-d 
1  on  pay- 
l)at('hes  as 
uionipany 
and  g'otxl 
tor  each 
ered  with 
lid  for  the 


a  ({  I'  s  b  y 

itlicr  lilirs. 


Ills  must 
(lis- 


ben.dit  of  tile  person  or  company  sendiiiy;  or  desiring   to 
send  th«'  dispal«'h. 

When  a.  person  wiio   s.-nds  a  dispatch  desires  to  hnvesn'  nma^  ^^ 
it  forwarded  over  I h.-  liiK's  of  other  tdeorai.h  companies,  "^';,; ,.',",„" 
whose  termini  are  wilhiii  th.'   limits  of  the   usual  deliv- 
ery of  such  cnmpiinies.  to  llir  placr  of  tiiial  d.'slinatioii, 
siiid  i.'inler  to  the  first  ••ompany  tin- amoiinl  of  thensiial 
char<;-esfoi  the  dispatch   to   the  plac'  of   liiial  d.'liv.MT, 
the  ")mpa!iv  sliall  rec.  ive  the  sam.',  and  wilhoiil  drhiy- 
in-i   the  dispatch,  slnll   pay  to   llu'  siicvedinii  liiH'  the 
necessaiy  charj-'es   for  (lie  remainiii!::  distance  ;  and   the 
succeeding  line  shall  ticcept  the  sann-,  an<l  forward   the    ' 
dispatch  Tn   the  same  manner  as  if    the  sender  had  aj)- 
plied    to  ir   in   person,  and  pay  the  usual  char«>vs.  and 
for  the  omission  so  to  do  it  shall  l)e  liable   to  a  like  pen- 
alty, as  provided  in  the  last  seclion. 

When  ai)plication    is   made  to  any  such  company  tOsK,  .siei 

send  a  dispatch,  tlH>  oflicer.  a-ent,  clerk,  or  s.M'vant  np- -^ «;;;;;;    

pointed  by  the  company  to  receive  dispatches  at  that  ,,aici.,  wi.e,.. 
statu)n  shall  inform  the  applicant,  and,  if  recpiiivd  by 
him.  write  upon  the  dispat(di  that  the  line  is  not  m 
workiiio- order,  or  that  the  dispatches  on  hand  will  oc- 
cupy the  time,  so  that  the  disi)atch  olfered  cannot  be 
transmitted  within  the  time  retpiired,  if  the  fads  are 
so;  and  for  an  omission  so  to  do,  or  for  intentionally 
giv'iiifi  false  informati(m  to  the  applicant  in  relalion  to 
the  ti'ine  within  which  the  disi)atch  olVeied  may  be  sent, 
such  officer,  agent,  ch'rk,  or  servant,  and    the  company 

by  which  he  is  employed,  shall  incur  the  iienalty  pro- 
vided in  section  thirty-four  iiiindred  and  sixty-two. 

Every  telegraph  company,  incorporate.!  or  "nincorpo  sKr^:.iov  ^  _ 
rated   operating  anv  telegraph  line  in  ihis  Stau;,  siiall    „„t  t,,i„s,„ii. 
transmit  and  deliver  all  dispatclu>s  in  the  order  in  which    t-;-,--;^: 
they  are  received  for  transmission  or  delivery,  under  tiie    ^,^^,„ 
penalty  of  erne  hundred  d.dlars,  as  provi<led  in  section 
3402  ;  but  ariangements  may  be  made  with  the  proprie- 
t.ms^'or  publishers  of   newspapers  for  the  transmission 
for  the  purpose  of  publication,  of  intelligence  of  general 
and   public   interest,  aiul  dispatches  by  officers  of   the 


292 


mi 


te 


Hf 


I'  <•  II  a  I  1 1  ('  K 
OKuiiiHt  jif  r 
siinHi'oiinecl 
«hI  wilh  oom- 
l<anles. 


Skc.  .SIC)-. 

I'cimltics  for 
k  II  ow  i  ugly 
traiiMiiiiltit  g 
(lis  put  olios 
fo-gcd. 


Sr.<-.  3468. 

Wlirii  and  hoi>- 
t  elegrppli 
St  rue  tuns 
may  be  re- 
moved. 


Stntf^  of  tho  United  States  on  ]>ii1)li('.  bnsiiM^ss.  may  have 
luefcience  over  all  private  luisinesfi,  when  the  pnl)!!^ 
interest  requires  such  prelereiice  ;  no  coniiiany  shall  he 
riMluired  to  deliver  dispatelit-s  at  a  ^neater  dislanee  from 
the  station  at  whieh  they  an-  reeeived  than  its  puhlis.ied 
regulations  require;  and  if  any  applieant  direct  a  dis- 
I)at('h  to  be  mailed  at  the  place  of  delivery,  and  offer  to 
piiy  the  necessary  postage  thf  .on,  the  c(»mpany  shall 
atlix  the  necessary  postage  stamp,  and  mail  the  dispatch 
in  time  for  the  tirst  mail  that  departs  after  such  dis- 
p{it«!h  is  received,  at  the  olhce  of  delivery,  and  for  the 
omission  so  to  do  the  company  shall  be  liable  to  a  like 
penalty,  as  i)rovi<h'd  in  section  'Mi''2. 

Any  person  connected  wilh  a  telegraph  company,  in- 
corporated or  nnincori)orated,  op'M'ating  a  line  of  tele- 
graph in  tins  State,  in  any  cajiacity,  who  wilfully 
divulges  the  contents  or  the  nature  of  the  contents  of  a 
private  communication  intrusted  to  him  for  transmis- 
sion or  delivery,  or  wlio  wilfully  refuses  or  neglects  to 
transmit  or  deliver  the  same,  or  wilfidly  delays  the 
transmission  or  delivery  of  the  same,  with  a  view  to  in- 
jure the  sender  or  intended  receiver  thereof,  or  to  bene- 
tit  himself  or  any  other  person,  shall  be  imprisoned  in 
the  county  jail  not  exceeding  three  months  or  iined  not 
exceeding  five  hundred  dollars,  at  the  discretion  of  the 
Court. 

A  person,  who  knowingly  transnnts  by  any  telegraph 
line,  any  false  communication  or  intelligence,  with  in- 
tent to  injure  any  person,  or  to  speculate  in  any  article 
of  merchandise,  commerce  or  trade,  or  with  intent  that 
another  may  do  so,  or  knowingly  sends  or  delivers  a 
dispatch  tluit  is  forged,  (»r  not  authorized  by  the  person 
whose  name  purports  to  be  signed  thereto,  shall  be 
liiible  to  the  same  penalty  as  is  provided  in  section  3402. 
If,  at  any  time  after  the  erection  of  a  line  of  magnetic 
telegraph  upon  lands  held  by  a  corporation,  the 
corporation  iiave  occasion  to  use  the  land  upon  which 
a  telegraph  pole,  pier,  abntment,  or  other  fixture  lias 
been  erected,  for  any  of  the  purposes  authorized  by  its 


my  have 

sIimII  U' 
ii('<'  IVdiii 
iihlisiit'd 
ct  a  »lis- 
,  oirtM-  to 
iiy  shall 
(lispalcli 
UKili  dis- 
il  for  lilt' 
to  a  liki' 

paiiy,  iii- 

(.1"    tclc- 

wiiriilly 

cuts  of  a 

tiausniis- 

■n-h'cts  to 

days   the 

^w  •  to  iu- 

•  to  beiie- 

isoiied  in 

lined  not 

i»n  of  the 

tele.i^raph 
,  with  in- 
ny  aiticde 
iteiit  that 
delivers  a 
he  j)eis'.)n 
,  shall  be 
;tion  8402. 
magnetic 
ition,  the 
)oti  which 
xtiire  has 
zed  by  its 


chail.T.  llircnmi.Mnv  shall  ivmuv..  such  poh'.  pi.-r.  Mbnt- 
m.M.t,  or  lixtuiv.  t..siich  .■..nv.-iii.-nt  i-la.v  as  may  be 
designated  bv  til.' '•..i|H.iali-M  ivqniiiMg  Ih.'   us.,   oi    the 

ground  upon  ivasouabl-  nntiee,  given  in  wntiu-.  and 
ereel  ihe  same  in  such  n.-w  place's  s..  as  not    to  lulril.-ie 

will.  Ihep':"'''<-''"'^""^'"^'''""'"''*'    •'"'■'""'""""    '\*'" 
th„ii/,..dtoputsneh   laml;  ami   if    it    is    imi..a.lieal   to 

eivet  a  line  of    ma-m'tie  telegraph    upon    the    lands    ..I 

surheoipoiiili..ninn.nsequeneeor    the    ns  s    to    which 

theeon'O'""'""^  1""  """  '""•'"'  "'"'  '"''-'•'l*''  »''""l">"y 
may    apprupiial.-  ad.j..iniug    lauds,  by    a  scparaf    pio- 

cccding  for  that  jiurposi'. 

if  at  anv  tin.."  after  the  e.v.iion   of   su.'h    l.'l.'graph  s,.  .:...•,.,. 
lin.' on  the  lands  of   a  c.i.  poialion,  li.e   .■oipo.ati.i.  ap     ,...„„i,.,r 


in*     stnuiiircseii 


pn'hends   .langc-.  o.'    lisk   ..f   .lai.ge.',  to    .Is   wo.'Ks  ^^^^^^^ 

piaclical  opeiations.  iu  coi.s..,iuenc."  .d"  decay  oi'  deb'Ct 
in  th.'  mo<le  <d  stn.ctu.e  .d'  any  <.f  the  wo.ks  ol  the  l.de- 
gn.ph  con.panv,  it  n.ay  ivqui.v  the  company,  upon  live 
davs  notice,  in  willing,  to  ...pair  snch  d.'cay.'d  ..r  .le- 
tVctive  works  ;  or.  if  ih-'  danger  is  imminent,  s<.  as  not 
to  admit  (d-  d.'iav,  the  corpo.alion  may,  wilhont  nolu-.', 
ivi.airthe  .UdVcl,  and  recover  the  ivasoi.abh'  expense 
theivof,  with  costs  ui  suit,  bcf..re  any  Court  oi  compe- 
tent jurisdiction.  .... 

Wli.M.  two  or  more  t.degraph  cm.paniesdes.re  I.,  •■•'"- ^.-^'''-l-^^^^,^ 
solidale  into  a  singh'  corporation,  th.-y  may  do  s..  in  ti.e    ^^^^^^,  ^^^^^_^,, 
manner,  and  subj.'ct  to  rules,  pr.,vid.d   in   chai-ler  tv'..    .i.t.-, 
for  Iheconsolidaiion  of  railroad  ccmipanies. 

The  provisions  ..f  this  chapter  shall  api-ly  also  to  'U.y  SK._^3,r>._^^^_ 
comDany   oiganized   to  construct  any    line  or  lines  ol  p,,,,  j,,  ,,,... 
telephone,  and  every  such  company  shall  have  the  same    pHo,. -„.. 
powers,  and  be  subject  to  the  same   restr.cti.ms,  as  are 
herein  prescribed  for  magnetic  telegraph  companies. 


n 


Hkc  1 


2'i4 
0  H  I  0 . 


*   GKNEliAr.  L.\  ir.V  issi.     /\U/A",>f,. 


An  Act  to  AnuMul  S.rtioii  :U7(»  of  tlio  U.-visfd  Statutes. 

»(« it  rnacted  by  the  (K'nonil  Ass^Miibly  of  tlie  State 
of  Ohio,  that  section  tliree  tlioiisantl  four  hiiiiilred  and 
seventy.'  <»f  the  Hevised  Statutes  of  Oiiio,  he  so  anieuded 
as  to  I'ead  as  follows: 

Wlicie  twoor  uioiv   tele^;iai)h    conipatil.s,  whose  sev- 
Mow',uI(Twh..i,,,..,i  ij,it.(^  are   not   parallel  or  in  conii»etitioM  with  each 
;';:::;r:u':<.l'h.M-,  and  wIum.  so  unit..d  ^^■\\\  rom.  a  continu.M.s   line 
ay  cunsnii  j.^,,.  ,.,.,.,.■, vin^r  mid  t ra usuil 1 1 iii'^"  despatclies,  desire  toc<.n- 
si.lidate  into  a  sin^de  corporation,  they  may  (h.  so  in  the 
manner  ami  sid)ject  to  the  rules  providr.l  in  diapter  two 
for  the  consoliihilion  of  radroad  countanies. 

Said  ori<,dnal  section  three  thousand  four  hundred  and 
seventy  isln-rehy  repealed,  and  this  act  shall  tak«' elVect 
and  be  in  force  from  and  after  its  passage. 

Passed  bY'bruary  4,  18S1. 


KM   ■•uro, 


dale. 


Ski.  9. 


•s 


0  H  A  J  . 


JiJ'J  VISED  STATUTFS,   IHHJ^. 


Tit.  II.,  CoiU'oKATioNs. 


CIIAPTEli  IV. 

Tki.kou.mmi  (%)M1'a.nii;s. 

SK..  m^  Any   such   con.pany  may   construct,    own.    use  and 

roVor«oMek.-,„.,i„tjiin    auy     line    or    lims    of    magnetic    telegrapU 

;•':;,£'   """whether  described  in  its  original   articles  of   incorpora- 


2'in 


Statutt's. 

lie  StatH 
ht'd  and 
aiiit'iidcd 

llOMC  scv- 

vitli  cacli 
loiis   lint; 

ft'   to  Cltll- 

so  ill  the 
aptcr  Iw) 

idivd  and 
akf  «'lVt'('t 


3468. 


nse   and 

telegraph 

incorpora- 


tion or  not.  and  whellier  sncii   line  or  lines  are  wholly 
within  or  partly   l)eyond    the   limits  of   this  State,  and 
may  join  with  any  other  conipaiiy  or  association  in  eon- 
dueling,    le:ising.   owning,   using   or   inainlaiiiiiig   sneh 
line  or  lines,  upon  sueli    terms  as  may   be  agreed   upon 
hetwe.-n   the  direetors  or  managerrt  of   the   resiiective 
companies  ;  and  such  companies  may  own  and  hold  any 
interest  in  any  such  line  or  lines,  or  may  l)e(M)me  lessees 
of  such  line  or  lines  upon  such  terms  as  may  he  agreed 
upon,  but  it  sliall  be  unlawful  for  any  such  company  or    ii.i.wr.ii  t.. 
companies,  and  the  owner  or  owners  of  rights  of  way  to    ;'^";™^'^ /;;; 
contract    for  the  exclusive  use   thereof    for   telegiai)hic    riKhtofway. 
])urp(»ses. 

Kvery  company,  incorporated  or  unincorporated,  sk' 
operating  a  teltgrai)h  line  in  this  State,  shall  receive 
dispatches  from  and  for  other  telegraph  lines,  and  from 
or  for  any  individual,  and  on  i)ayment  of  its  usual 
charges  for  transmitting  dispatches,  as  (established  by 
the  rules  and  regulations  of  the  comi>any,  shall  trans- 
mit the  same  with  impartiality  and  good  faith,  under 
penalty  of  one  hundred  (h)llars  for  each  case  of  neglect 
or  refusal  so  to  do,  to  be  recovered  with  cost  of  suit,  by 
c'vil  action,  in  the  name  and  for  the  benefit  of  the  per- 
son or  company  sending  or  fr)rwarding  or  desiring  to 
send  or  forward  the  dispatch. 

The  provisions  of  this  chajtter  are  extended  to  telephone 
companies  by  H471  of  H.  S.,  1880. 

A  contract  between  a  telephone  company  and  theowners 
of  instruments,  to  the  effect  that  in  the  u.se  of 
such  instruments,  discrimination  shall  be  made 
as  between  telegraph  comi)anies  is  void  as 
against  public  policy  as  declared  by  statute. 
State  «5.  Telephone  Co.,  30  O.  S.,  297. 

A  stipulation  by  a  telegraph  company  against  the   con- 
sequences of  its  own  negligence  is  void. 

Telephone   Co.  vs.  Griswold,  'CI  O.  S.,  301. 


220 


OREGON. 


GENERAL  LA  WS  OF  1843  AND  1872. 


-.0 


BEG.  1. 

Sec.  2. 

SkC.  3. 

Sec.  4. 

Sec.  5. 
Sec.  6. 

SEC.  7. 
Sec.  8. 


t       ; 

Sec.  9. 

Sec. 10. 

Sec.  11. 

s 

Sec.  18. 

Sec. 13. 

BeC. 14. 

Sec. IB. 
Sec.  16. 
Sec.  17. 


CHAPTER  LVIII. 

Right  to  construct  telegraph  lines  over  public  and 
private  lands  and  highways. 

Not  to  obstruct  highways  or  navigation  ;  not  to  be 
set  upon  private  lands,  unless. 

Damages  for  use  of  private  lauds  ;  how   ascertained, 

award  tinal.  _ 

Award  of  damages  to  be  in  writing ;  sworn  to  and 

filed. 

Claim  for  damages  when  made. 

Official  dispatches  in  time  of  war,  etc.;  transmission 
of ;  penalty  for  violaticm  of  this  section. 

Persons  offending  against  sections  8.  9,  13  or  14,  liable 
in  civil  action. 

Persons  in    employ  of    telegraph  company  exempt 
from  militia  and  jury  duty. 

Telegram  to  be  deemed  a  writing,  contract  by. 

Notices  may  be  given  by  telegraph. 

Telegraph  copy  of  instrumer  L  may  be  admitted  to 
to  record. 

Checks  and  all  orders  for  money  may  be  drawn  by 
telegraph  ;  original  message  to  be  preserved. 

Telegraph  copy  of  instrument  under  seal  of  notary, 

effect  of .  . 

Arrest  by  telegraph  ;  order  for  prior  to  indictment. 

effect  of. 
Civil  process,  service  and  return  of  by  telegraph. 

Order  of  sending  dispatches. 
Must  be  in  order  received. 


*»: 


l872. 


227 


LAWS  OF  PENNSYLVAMA 


IN  RELATION  TO  TELEORAVll  COMPANIES. 


B 


public  and 
,  not  to  be 
scertained, 
orn  to  and 

'ansmission 
or  14,  liable 
ny  exempt 

by. 

:idmitted  to 
36  drawn  by 
il  of  notary, 

indictment, 
egrapli. 


[(tKNEUAl  Incoui'ohation  Act  of  1874. J 


SiccTioN  33.— The  cliarter  for  tlie  incorporation  of  a 
company  to  maintain  a  tele^napli  line  shall,  in  addition 
to  what  is  hereinbefore  required,  also  state: 

I.  The  general  route  of  the  line  of  telegraph. 

II.  The  points  to  be  connected. 

Clause  1.  Such  corporation  shall  be  authorized,  when 
incorporated  as  hereinbefore  provided,  to  construct  lines 
of  tele"-raph  along  and  upon  any  of  the  public  roads, 
streets,  lands  or  highways,  or  across  any  of  tlie  waters 
within  the  limits  of  this  State,  by  the  erection  of  the 
necessary  fixtures,  including  posts,  piers,  or  abutments 
for  sustaining  the  cords  or  wires  of  such  hues,  but  the 
same  shall  not  be  so  constructed  as  to  incommode  the 
public  use  of  said  roads,  streets  or  highways,  or  in- 
juriously interrupt  the  navigation  of  said  waters  ;  and 
this  act  shall  not  be  so  construed  as  to  authorize  the 
construction  of  a  bridge  across  any  of  the  waters  of  this 
State. 

Clauxe  2.  In  all  cases  where  the  parties  cannot  agree 
upon  the  amount  of  damages  claimed,  or  by  reason  of 
the  absence  or  legal  incapacity  of  the  owner  or  owners, 


228 


I 
r 

A 


.i 


no  such  agreement  can  be  made  for  the  right  to  enter 
upon  hinds  or  premises  for  tlie  purposes  named  in  tins 
section,  the  company  shall  tfMid.'r  a  bond,  or  have  the 
same  filed  in  the  manner  provided  in  the  forty-first  sec- 
tion of  this  act,  and  proceedings  shall  be  had  as  the)  jin 
set  forth. 

Clause  3.  The  said  telegraph  corporation  shall  have 
the  right  to  connect  its  lines  of  telegraph  with  any  other 
line  operating  within  this  State  ;  and  it   shall   be   the 
duty  of  any  corporation   or  person  owning  any  other 
telegraph  line  doing  business  within  this  State,  to  per- 
mit such   connection,  and  to   receive  despatches   from 
and  for  other  telegrai)h  lines  and  corporations,  and  fi'om 
and  for  any  individual,  and  on  i)ayment  of  their  usual 
charges  to  individuals  for  transmitting  despatches  as 
established  by  the  rates  and  regulations  of  such  tele- 
graph line,  to  transmit  the  same  with  impartiality  and 
good  faith,  under  penalty  of  one  hundred  dollars  for 
every  neglect  or  refusal  so  to  do,  to  be  sued  ior  as  debts 
of  like  amount  are  by  law  recoverable,  and  to  b(j  recov- 
ered, with  costs  of  suit,  in  the  name  and  for  the  benefit 
of  the  person  or  persons  sending  or  desiring  to  send  such 
despatch. 

Clause  4.  No  such  telegraph  company  shall  be  consol- 
idated with  or  merged  in  any  other  company  owning 
a  competing  line  of  telegraph,  nor  shall  the  stock  or 
bcmds  of  any  such  telegraph  company,  to  an  anunint 
sufficient  to  control  the  same,  be  held  or  owned  by  any 
company  owning  a  competing  line  of  telegrapli,  nor  shall 
any  company  owning  a  competing  line  acquire,  by 
purchase  or  otherwise,  any  other  competing  line  of 
telegraph. 

Clause  5.  That  the  charge  by  all  telegraph  companies 
organized  under  this  act,  and  those  accepting  the  pro- 
visions thereof,  for  tlie  transmission  (.1"  any  telegrapliio 
despatch,  shall  include  the  charge  for  the  delivery  there- 
of, and  no  extra  or  additional  charge  shall  be  made  for 
such  delivery. 


220 
PENNSYLVANIA. 


LA  WS  OF  1883. 


No.  11.  An  act  respecting  telegiapli.  telephone,  electric 

light,  and  other   wires   and    cables  for  electric  pur- 

jioses. 

He  it  enacted  :  That  whenever  any  wire  or  cable  used  sw.  i 
for   any  telegraph,    tel-phone,   electric   light,    or  other '3;  ;„';^« 
wire  or  cable   for  electric   purposes,  is  or   shall    beat-    pnsmnptiou 
tached    to,  or  does  or  shall   extend    upon  or  over  any 
building  or  land,  no  lai)se  of  time  whatsoever  shall  raise 
a  presumption,  or  justify  a  prescription  of  any  perpetual 
right  to  such  attachment  or  extension. 

Approved  the  19th  day  of  April, ^1883. 


of  right. 


PENNSYLVANIA. 


LAWS  OF  \sm— Continued. 


No.  78.  An  act  to  escheat  to  the  Commonwealth  the 
telegraph  lines  and  property  of  telegraph  corpo 
rations,  associations  and  companies,  which  vio- 
late the  provisions  of  the  constitution,  pro- 
hibiting the  consolida;ion  with  or  the  holding  of 
a  controlling  interest  in  the  stock  or  bonds  of  a  com- 
peting line  of  telegrapli,  or  the  acquisition  by  i)ur- 
chase  or  otherwise  of  any  other  competing  line  of 
telegraph,  jn-escribing  the  method  by  which  the  same 
may  be  done  and  regulating  the  proceedings  there- 
under. 

Beit  enacted,  &c.  :  That  whenever  any  telegraph  cof-sbc  1. 
poration,  telegraph  association  or  telegraph   company,  °",on7ra'ni;'iu- 
chartered  for  telegraph  purjioses,  and  owning  and  con-    se8,'&c, 


280 


iim 


M; 


m 


compotinB  trolling  a  teh'griiph  line  in  this  State,  shall   consolidate 


line  to  be  for 
feited 


SKf.  3. 


with  any  other  telegia])h  corporation,  lelcgiaph  associ- 
tion  or  telegraph  company,  chartered  for  telegraph 
purposes  and  owning  and  c(»ntrollinga  conipeting  tele- 
graph line,  the  said  conipeling  telegr-.ph  lines  and  all 
franchises  and  property  connected  therewith  for  the 
operation  o(  the  same,  within  this  State,  shall  l)e 
forfeited  to  and  become  the  property  ol  this  (Common- 
wealth. 

Whenever  any  such  corporation,  association  or  com- 
'rontroiiinKp.,ny  owning  and  controlling  a  line  of  telegraph,   shall 
i'tocT'orhold  a  controlling  interest  in  the  stock  or  -onds  of  any 
bonds   to  such  other  telegra])h   coiporation,  association    or  com- 
J^S-e."  '°'pany,  owning  a   competing  line  of   t.degraph,  or  shall 
acquire  by  purchase  or  otherwise  any  other  competing 
line  of  telegra])!!,  the  stock  or  bonds  so  held  and  the  tele- 
graph line  together  with  all  franchises  so  purchased  or 
otherwise  acquired,  shall  be  ft)ri"eited  to  and  become  the 
property  of  the  Commonwealth, 
SEC  8  Whenever  any   telegraph    line,     franchises,     prop- 

How  forfeiture  gj-^y^    stocks,     bonds   become    forfeited,     and    escheat 
Treed'"'  **'' to    the  Oommou wcaltli,    under    the  first  and    second 
sections    of    this    act,    such     forfeiture    and    esciieat 
may  be  decreed  under  proceedings  by  qi/o  ioarranto,  in 
any  Court  of  Common  Pleas  of   this  State,  from  which 
Appeal  to  su- decree  any  i)arty  interested  may  appeal  to  the  Supreme 
mTbe'^h".^' Court  at  any  time  within  six  months   after  such  decree 
within  six  and  not  afterward.     Provided,  That  any  holder  of  stock 
months.       ^^,  bonds  of  any  telegraph  company,  who  shall  have  been 
opposed  to  the  consolidation  with  or  sale  to  the  compet- 
ing company,  or  shall  not  have  assented  thereto,  or  ac- 
quired therein,  may  be  admitted   as  a  co-defendant   in 
such  quo  warranto  proceedings  •  and  upon  proof  of  such 
oi)position  or  want   of  assei.^   and   acquiescence   to  the 
conrttomouid  satisfaction  of  the  Court,  it  shall  be  lawful  for  the  Court 
decree  with-  j^,  g(,  piould  the  deci'ee  as  to  be  without  prejudice  to  the 
rtS"""'ngbtof  such  innocent  stockholder   to   hold   his  stock; 
and  in  case  of  an  innocent  bondholder,  that  he  shall  be 
entitled  to  such  pro  m/a  share  of   the  proceeds  of  the 


2'M 


jnsolidate 

[)li  jissot'i- 

teU'ifiapli 

■ting   tele- 

!s  and   all 

li    for   the 

shall    be 

CominoD- 

n  or  fOMi- 
iiph,  shall 
uis  of  any 
II  or  coni- 
li,  (>r  shall 
competing 
11(1  the  tele- 
rchased  or 
jecome  the 

3es,     prop- 
id    escheat 
nd    second 
id    escheat 
arranto,  in 
Prom  which 
le  Siii)reine 
5uch  decree 
ler  of  stock 
11  have  been 
:he  com  pet- 
re  to,  or  ac- 
jfendant   in 
[■oof  of  such 
ence   to  the 
[)r  the  Court 
udice  to  the 
his  stock  ; 
lie  shall  be 
ceeds  of  the 


snh'by  Ih.'Con.m.mw.-Mllh  as  hereinart.'r  provided,  as 
his  Ixmds  shall  bear  to  til.' whole  amount  outstanding; 
but  in  no  case  to  exceed  the  j.ar  value  and  accrued  in- 
terest thereon. 

After  a  final  decree  of  the  Court  establishing   the  for-s..'  4  ^^  ^^__^^ 

feiture  and  escheat  to  '^^  ^'"'^^^f  ^'';.;;;;,^;!;;"; :!  sri::^: 

in  section  three   of   this   act,  the  Auditor-Creiu-ial  shall    ,^^, ,,.„„,..,, ^„ 
expose  to  sale  bv  public  auction,  at  the  Capitol  in  liar-    sci. 
risburg,  the  teh^graph  Hue,  franchises,  i)roperty   stocks 
and  bonds  so  es^  ^.^ated,  after  notice  of  said  sale  by  pub- 
lication for  f<.ur  successive  weeks  in  at  least  one   news- 
paper in  ea.'h  county  tlirough  which  the  expected  tele- 
graph line  passes,  and   at   said   sale   the  said  te legrapli 
line  franchises,  property,   stocks   and   bonds  sha  1   be 
sold  to  the  highest  and  best  bidder  for  cash.     Provided,  c  o  .....^^i  n  k 
That  no  such  corporation,  association  or  company,  own-    ,„„„^t  pur- 
ing  or  operating  a  competing  line   of   telegraph   shal     cua,e. 
become  a  purchaser  at  said  sale  ;  and  upon  the  payment 
of  the  price  at  which  the  same   shall  be   thus  sold   and —... 
filin-  with  the  Secretary  of  State  of  the  certihcate  of  the ^^^^^^^_^_^^  ^^ 
State  Treasurer  that  the   money   has  been   so   paid,  to-    Bale. 
o-.ther  with  the  certificate  of   the   Auditor-General,  set- 
dng  forth  the  fact  and  terms  of  the  sale  ;   a  deed  for  thei^ecd. 
tele-raph   line,  franchises,  property,  stocks  and   bonds 
so  sold  shall  be  executed  in  the  name  and  under  the  seal 
of  the  Commonwealth,  to  the  purchaser  or  purchasers, 
signed  by  the  Governor  and  attested  by  the  Secretary 
of  State,  which  deed  shall  vest  in  the  purchaser  or  pur- 
chasers a  valid  and  sufficient  title  thereto. 

The  said  Court  shall  have  power  to  summon  the  offi- Jf^^^^  ^^. 
cers  of  anv  such  corporations,  associations  or  companies,    „ower..d   to 
or  either  of  them,  by  subpoena,  citation  or  otherwise,  as    ;--;-^ 
the  said  Court  shall  direct,  to  appear  before   said  C.mrt    c.nstituuou 
and  produce  all  of  its  or  their  books  and  papers,  and  to    ^^,^^,^,p, 
examine    them    upon    oath  to  ascertain  whether  they   companies. 
are      or    any    of    them,    have    violated     the     twelfth 
section    of     the     sixteenth     article    of    the    Constitu- 
tion   of    this    Commonwealth,  and   shall    have    power 
to  enforce  this  appearance  by  attachment,  as  ui  case  of 


2:\2 


U 


% 


other  witnesses,  or  the  said  Court  may  direct  to  be  filed 
a  bill  of  discovery  in  the  said  Court,  against  the  officers, 
dire(!tors  or  trustees  of  any  su(^h  corj)! nation,  associa- 
tion or  companies,  cv  eitlior  of  tlit^m,  which  the  defend- 
ants therein  shall  answer,  ut-ler  the  compulsion  usual 
in  such  cases.  And  tlie  evidence  so  taken  and  their 
answers  may  be  used  in  the  said  proceedings  to  assert 
the  rights  of  the  Conimtrnwealth. 

Sec.  6.  Tlio  purclinser  or  purchasers  for  or  on  whose  account 

On  comi-imnce   ^    telejjraijh  line,  franchises  or  property  slinll  be  i)ur- 

with    provis-        •'  .  ^  ,1  i-ii"ii' 

ions  of  aot  chased  from  the  Commonwealth,  as  authoriZHcl  by  tins 
i.urohassre     .   where  au  organization  is  effected  and   a  certiticate 

may  be  in-         '  °  .  i      n    i  i 

corporator,  filed,  as  required  in  the  proviso  iiereto,  snail  be,  ana 
they  are  hereby  constituted  a  body  politic  and  corpor- 
ate, and  shall  be  vested  with  all  the  right,  title,  interest, 
property,  claim  and  demand  in  law  and  equity  of.  in, 
and  to  such  telegraph  line,  with  its  appurtenances,  and 
with  all  the  rights,  powers,  immunities,  privileges  and 
franchises  of  said  corporation,  association  or  company 
owning  the  said  telegraph  line,  property  and  franchises 
at  and  immediately  before  the  forfeiture  thereof,  under 
sections  one  and  two  of  this  act ;  and  the  person  or 

„       .  „    persons  for,  or  on  whose   account  any  such  telegraph 

OrftaniMition  »  '  ,,11  1  j        1      11 

tobefffecu-dliiie,  property  and  franchises  siiall  be  purcliased,  shall 

lay"  a'f'tcrfn*^'^^  within  thirty  days  after  the  delivery  of  the  deed 

delivery  of  fioni  the  Commonwealth,  public  notice  of  such  meeting 

^^'^'  having  been  given  at  least  once  a  week  for  two  weeks, 

in  at  least  one  news[>aper  ^)ublished  in  the  city  of  Har- 

oraoers  to  beiisburg.  and  organize  said  new  corporation   by  electing 

elected.        ^  President  and  a  board  of  six  DireC  ors  (to  continue  in 

office  until  the  first  Monday  in   May  succeeding  such 

meeting,  when,  and  annually   thereafter,   on   the  said 

day,  a  like  election  for  a  President  and  six  Directors 

,      .shall  be  held,  to  serve  for  one  year),  and  shall  adopt  a 

Name  and  seal  .  "  »,  -ii 

to beadopted  common  seal,  determine  the  amount  of  the  capital  stock 
thereof,  and  shall  have  power  and  authority  to  make 
and  issue  certificates  therefor  to  the  purchaser  or  pur- 
chasers aroresaid,  to  the  amount  of  their  respective 
interests  therein,  in  shares  of  fifty  dollars  each  ;  and 


233 


I  be  filed 
!  officers, 
associa- 
!  defend- 
on  usual 
lid  their 
to  assert 

!  account 
I  be  ])ur- 
l  by  this 
ertiticute 

be,  and 
1  corpor- 
interest, 
ty  of,  in, 
ices,  and 
eges  and 
company 
■anchises 
)f,  under 
lerson  or 
telegraph 
sed,  shall 
the  deed 
1  meeting 
'o  weeks, 
Y  of  Hur- 
r  electing 
ntinue  in 
iing  such 

the  said 
Directors 
!1  adopt  a 
ital  stock 
to  make 
ir  or  pur- 
espective 
ach  ;  and 


orgai'izalion 
to  I)  e  II I  (■  (I 
with  Sfcri'la- 
ry  of  Common 
wealth. 


may  then  or  at  any  time   thereafter,  create  and  issue 

preferred  stock,  to  such  an  amount  and  on  such  terms  as 

they  may  deem  necessary  ;  and  from  time  to  time  issue 

bonds  at  a  rate  of  interest   not  exceeding  seven  per 

centum,    to  any  amount   not   exceeding   their  capital 

stock,  and  to  secure  the  same  by  one  or  more  mortgages 

upon   the  telegraph   line,   property  and   franchises,  or 

on  any  part  or  parts  thereof :  Provided,  that  the  person  certificate   ot 

or  persons  for,  or  on  whose   account    the  imichase   is 

made,  shall  organize  by  th  )  election  of  a  President  and 

a  Board   of  Directors,  as  above   provided,  within  three 

calendar  months  after  the  delivery  of  the  deed  from  the 

Commonwealth,  and  within  one   cr^endar  month  after 

such  organization  make  a  certificate  thereof,  under  its 

common  seal,  attested  by  the  signature  of  its  President, 

specifying  the  date  of  such  organization,  the   corporate 

rame  adopted,  the  amount   of  capital  stock,  and   the 

names  of  the  President  and  Directors,  and  transmit  the 

said  certificate  to  the  Secretary  of  State  at  Harrisburg, 

to  be  filed   in   his  office,  and   there  remain  of  record  ; 

and  a  certified  copy  of  such  certificate  so  filed  shall  bi'fertifle.i  copy 

evidence  of  the  corporate  existence  of  said  new  cor-  ^^^l^'^^^"^. 

poration.  rate  exist - 

Approved  the  5th  day  of  June,  a.  d.  1883.  «■"=« 


234 


IIIIODE    iSLAM) 

Mils  no  regular  Iiu'orporatioii  Act   for  telngnipli  com- 
panies, yet  has  for  turnpike,  railroad,  and    nianufuctur- 

inji;  companies. 

Has,  however,  an  act  setting  forth  provisums  respect- 
in-  corporations  in  general  passed  in  \H12  (see  chapter 
i;W,  General  Statutes  of  R.  I.),  stating  how  c(,rporatH)n8 
shall  be  formed,  their  gvneral  pow.-rs,  &c.,  substantially 
tin.  same  as  those  of  other  States,  but  no  telegraph  com- 
pany iiicorporaticm  is  specially  provided  for. 

Amonr  the  laws  for  tlie  punishment  of  crimes,  there 
is  named  a  penalty  for  "  breaking  or  cutting  telegraph 
poles,  or  wires"  (see  (ien.  Stat.  o-lT),  and  penalty  for  dis- 
closino-  to  unuuthorized  perscms  contents  of  any  message 
(Gen.  Stat.,r.48),  and  (Gen.  Stat.,  ;{M-3r,r,)  it  is  pro- 
vided  that  the  right  to  maintain  telegraph  poles,  wires 
and  apparatus  shall  not  give  easement  by  prescription. 


RHODE  ISLAND. 


LAWS  OF  1880. 


CHAPTER  804. 

Amknding    Ciiapteu   598    of  the   Public    Laws  of 
Januauy,  a.  d.  1860. 

It  is  enacted  by  the  General  Assembly  as  follows  : 

In  addition  to  the  powers  granted  to  the  city  council 

Scouncu  Of  of  the  city  of  Providence,  by  chapter  598  of  the  statutes 

Providence  ^        ^^^  Junuary  session,  18G6,  the  said  city  coun- 

rrtJ^iii^ay  make  laws,  ordinances,  regulations  and  orders 

::;ut«: relative   to   the  putting  up,  laying,  use  and  maintain- 


I 


>li  com- 
iiraciur- 

respect- 
chapter 
lonitions 
liintially 
pli  com- 
es, there 
eh^giaph 
•  for  dis- 
niessaf^e 
is  pro- 
es>,  wires 
criptioii. 


2:C) 


unceof   t..l.-rapl.    at.d   otli.r  wiros  and   appurfonanc'f^s    ^^;:^^^^ 
tli.'reto     lUultT  and    over   Hh>   lii«;li\vays,  str.'Hts,  sid»>-    „„,i  ..th-.r 
walks  and    huildi.i-s,  witl.   iIk'  .•..ns,.nt  ..f   tl..«   owners    ^;--;;;;;;,- 
tlMMvof,  witliin  the  city  Hniils,  and  prescribing  llie  con-    th..r.t... 
ditions  tliercof ;  an<l  may  also  by  ordinance,  resolution, 
(.!•  order,  at  anv  time  and  from  time  to  time,  remove  any 
and  all  telegraph  and  other  wires  and  the  appurtenances 
thereto  now  put    up,  laid,  used   and  maintained   within 
the  city   limits,  which   it   may  deem   dangerous  to  the 
to  the  'city    or  to   property,  whether  from  lire  or  other 
causes,  or  which  in  its  opinion  '  interfere  with  the 

means  for  m)tice  of  lire  or  prec;      (..ns  against  tire  now- 
provided,  or  which  may  hereafter  be  provided   by  said 

city. 

This  act  shall  take  eiVect  from  and  after  its  i)ass:ige,  SK..a. 

and  all  acts  and  parts  of  acts  inconsistent  herewith  are 
hereby  rei)ealed. 


RHODE  ISLAND. 


LA  WS  OF  1881. 


CHAPTER  862. 


Laws  of 


Hows  : 
ly  council 
e  statutes 
city  conn- 
iid  orders 
maintain- 


An    Act  in   Addition   to   Chapter  25  of   the  General 

Statutes. 

Every  telegraph  company  and  every  telephone  com-  sec  i. 
pany  doing  business  within   this  State  shall  annually,  ™™J„";;„ 
on  the  first  Monday  in  July,  make  return   to  the  Stale   companies  to 
Auditor,  subscribed  and  sworn  to  by  :ts  treasurer  or   ^^^,,^„    ^„ 
agent  within   this  State,  setting  forth,  all    the  gross  re-    «;»t-_^'f;^; 
ceipts  of  such  company  derived  from  its  business  trans-    ^.^.p^, 
acted  within  this  State  from  whatever  source   the  same 
may  come,  whether  from  the  transmission  of   messages, 
or  the  use  of  machines  or  otherwise,  and  shall  thereafter 


2:m 


'J' 


1^' 


i: 


to  tbu  State. 


SKr.  8. 


annually,  on  or  b.'foiv  tlie  lirst  day  of  August  next  sucv 
wdini?  tiie  niakinj,'  (tf  such  return  ]n\y  to  the  K'*"*''"! 
Tax  to iw  pnid  treasurer  a  tax  of  one   per  centum   on   such  j^ross  re- 

"■"   ceipts  for  the  use  of   the  State,  which  sum   shall  be  in 

lieu  of  all  other  tuxes  upon  its  lines  and  personal  estate 
used  exclusively  in  telef,naphic  and  telephonic  business 
within  this  State. 
„..,,.  If  the  return  required   to   be  made   by  the  preceding 

ivimity  f(.rnotgy^jj^,jj  1,^  ,„,f   ^^^^^^\^,  witliin   twenty  days  as  is  then;  re- 
turn'!"""''quired,  the  oflicerand  aj^ent   neglecting  or  refusin-  to 
make  tiie  same  shall   be  lined  not   exceeding   live  thou- 
and  dollars  or  less  than  one  thousand  dollars. 
s^,,3  If  the  tax  provided  for  by  section  1  of  this  act   be  not 

If  tax  i.«  not     i^j  within  thirty  davs  after  the  siime  shall  be(!ome  due 
?ofo^irrrand  payable,  the  general    treasurer  shall  apply  t;.  the 
thereof.       Supreme  Court  by  petition  in  the  nature  of  a  petition  in 
equity,  setting  forth  the  non  payment  of  such  tax,  and 
describing  the  property,  machines  and   choses  in  action 
of  such  corporation,  and   the   name  or   names  of    the 
agent  or  officer  of  such  corporation,  subscribing  the  re- 
turn hereof  provided    to  be  nuide  by  section  1,  and  the 
name  or  names  of   the  persons  then  lilling  said  offices, 
sm.rcMnocourtand  the  Court  shall   thereupon  appoint  a  time  for  the 
to  appointhearingof   the  matters  set   forth  in   said  peti^-'m,  and 
thneforhear-^j^^j^  cause  a  reasonable  Hotice  thereof  to  be  given  to 
°*  tlie  adverse   party,  and  at  the  time  and  place  of  the  re- 

turn of  such  notice  shall  proceed  summarily  to  hear  the 
parties  ;  and  if,  upon  the  hearing.the  Court  shall  deter- 
To  iKsue  exmv- ^i,j^,  that  the  said  tax  is  due  and  payable,  and  has  not 
''""'  been  paid,  the  Court  shall  forthwith  issue  an  execution 

for  the  said   tax,  in  which   the  officer  shall    be  com- 
manded to  attach  all  the  wires,  machines,  choses  in  ac- 
tion, and  other  property  of  the  company  assessed  with- 
in his  precinct,  and  the  officers  properly  charged  with 
Duty  of  officers  J. jj g  ggj.^jpQ  of   the   Said  executiou  as  Commanded,  and 
r«rrjraua  shall  sen   the  property  seized  thereon  as  personal  prop- 
Beii property  ^^.j.     |g  3^1,;^  when  taken  in  execution  in  actions  at 

law. 
SKo.  4.  This  act  shall  take  effect  from  and  alter  its  passage. 


it'xt  sue- 
^  geueiMl 
if  loss  re- 
.11  be  in 
i\\  estate 
business 


HHODK  ISLAND. 


/,A  ir.S'  OF  li^i^l  —  Cunlf/iind 


CHAP'l'KU  881. 


recedinpj 
lliere  re- 
iisinL?  to 
ive  thou- 

:t   be  not 
!()ine  due 
ly  to  the 
elition  in 
tax,  and 
in  action 
s  of    the 
g  the  re- 
,  and  the 
d  offices, 
a  for  the 
♦^'on,  and 
!  given  to 
)f   the  ve- 
•  hear  the 
lall  deter- 
l  has  not 
execution 
be  com- 
ses  in  ac- 
5sed  with- 
Tged  with 
ided,  and 
)nal  prop- 
ictions  at 

passage. 


An  Act  in  Relation  to  Telegraph  and  T('lei)h()ne  Lines. 

It  is  ena(^ted  by  the  General  Assembly  as  follows  : 
In  all  actions  of  law  orinecinity  against  theowners  of  SKc.t. 

telegraph  and  telephone  lines  residing  out  of  the  State,  ,^,^_^,  |,^,„,,.^ 

the  leaving  of  a  ci-rtilied  cojjy  of  the  pnx^ess,  including  <m..wi»rs  ..t 

tlie  process   of  garnisliiuent   by    the   proper  officer,  at  a'l.liVtrr,.' 

any    office  of  said  owneio,  within  tlie  Slate,  with   some  p;';;;;;'^ ;;;,;''. 

pn-son   tliere  in   charge,    shall   be   deemed   a  legal  and  out'ihestiuo. 
p.nfficient  service. 


RHODE  ISLAND. 


PUBLIC  STATUTES  1882. 


Title  V.     The  Pijoteuty  and  Revenue  of  the 
State  and  of  the  State  Deht. 


CHAPTER  27. 
.    Of  the  Revenue  of  the  State. 

Every  telegraph  company  and  every  telephone  com-g^.^  jo. 
pany  doing  business  within  the  State,  shall,  aimually,  TeieK™.-!.  an.i 
on  'he  first  Monday  in  July,  make  return  to  the  State  coiipaiucs tc 
Auditor,  subscribed  and  sworn  to  by  its  treasurer  or  ;:f/;^7;'i 
agent  within  the  State,  setting  forth  all  the  gross  re-  stat..  Au.iuor 
ceipts  of  such  company  derived  from  its  business  trans-  --[.«;»-  '•■ 
acted    within  this  State,    from    whatever    source   the 


I 

I 


938 


BKr.  18. 
I 

tiii'ii. 


HF,r.  1.1. 


:iv 


some  may  come,  wli.'flu'r  from  tlio  tranHmi.ssioii  of  m<'S- 
8iig«'S,  the  use  of  murhiiM'sor  ct'.ierwirt*',  and  sliall  thcre- 
aft.T,  annually,  on  or  befoiv  tlie  first  day  of  August 
n.'xt,  HUcctMMling  tli»'  iualdi«K  of  sucli  ivlurn,  pay  to 
tlM'  general  Treasurer  a  tax  of  um  per  rentnm  on  such 
grof.s  receipts,  for  the  use  of  the  State,  which  sums  shall 
be  in  lieu  of  all  other  taxes  upon  its  lines  and  personal 
estate,  used  exclusively  in  telegraphic  and  telephone 
busiiu^s.-s  within  this  State. 

Ifihe  returns  required  by   section    10,  be   not  made 
V  .ii.y  for  not  ^^.i,l,i„  twenty  da  vs,  as  is  therein    re(iuired,    the   odicer 

'""''"■  and  agent  neglecfing   or   refusing   to   make   the   sam.', 

shall  be  lined  not  excee<ling  live    thousaml   dollars,  nor 
less  than  one  thousand  dollars. 
„,,,,„,  If  the  tax  provided  for   by   section    10   be   not    paid 

pnK-M.forcoi-^,j,l,j„  tiiiity  ,l;ivs  after  the  same  shall  become  due  and 
!no;;:rpayable,  the  ge,;eralTreasurer  shall   apply  to   the   Su- 
preme Court   bv  petition,  in  the  nature  ol  a  petition  in 
Ecpiitv,  setting^'orth  the  non-payn.ent  of  such  tax,  and 
describing  the  p''>l>"''y  und  choses   in    action    ol    such 
company  or  corporation,  and  th.'  name  or  names  <»f  the 
ji.'ent  or  olHcer  of  such  ccmipany    or   corporation,   sub- 
snibing  the  rel urns   hereby    provided    to    be    made   by 
section    10,  and  the  name  ov  names  of  the   persons  then 
illlin-  said  olhces,  and  the  Court  siiall  thereupon  appoint 
a  tinre  for  the  hearingof  the  matter  set  forth  in  said  peti- 
tion  and  shall  cause  a  reasonable  notice  thereoi  to  be 
given  to  the  advi'rse  party,  and  at  the  time  and  place  of 
the  return  of   such  notice,  shall  proceed   summarily  to 
hear  the  parties  ;  and  if  upon  the  hearing,  the  Court  shall 
determine  that  the  said  tax  is  due  and  payabh'  and  has 
not  be-n  paid,  the  Court  shall   forthwith  issue   an  ex- 
ecution for  said  tax  in  which  the  officer  shall  be  com- 
manded  to  attach  all   the  wires,  machines,  clioses  in 
action   and  other  property  of   the  company  or  corpora- 
tion assessed  within  his  precinct,  and  the  officer  pn.pei- 
ly  charged  with  the  service  of   the  said  execution,  shall 
serve  the  said  execution  as  commanded,  and  sell   the 


2nn 


of  ni»*9- 
II  thcn-- 

pay  to 

»ll     HllcU 

ins  sliall 
[xTsoiial 
ilt'phoiie 

)t  miide 
i'.  oHict'i' 
(!  saint', 
lius,  nor 

lot    paid 
(liif  and 
tlif   Su- 
litioii  in 
tax,  and 
ol'   such 
3S  of  tlie 
on,   snb- 
inade   by 
ons  tlu'ii 
11  appoint 
said  peti- 
eof  to  be 
I  place  of 
inariiy  to 
)iirt  shall 
i>  and  lias 
e   an  ex- 
be  coni- 
choses   in 
r  corpora- 
:^r  proper- 
ion,  shall 
sell   the 


property  si'l/ed  tliercon    as  personal   property   is  sold 
wIh'H  takenon  ex.M-iilion    in   action   at  law. 


IlllODK  ISLAM). 


r  UJiLIC  STA  TUTI<:^,  1H82    Contiuiml. 
TiTLK  VIII.— Ok  Towns  and  Town  Ori ki'.ij^. 


(MI AFTER  MB. 
Ok  tiik  Town  Coincii. 


wires  and  the  appnrtenancestUereot 
erallv  all  other  ..rdinances.  reynlations  and   by-laws  loi 
the  well  orderin-,  n.ana..in«  and  directing  of  the  prn- 
dential  alfairs  and  police  of  their  respective  towns,  no 
repngnant  to  the  constitution  and  laws  ol  this  Stale  oi 
of  the  United  States. 

RHODE  ISLAND. 


PUBLIC  STATUTES,  i882-Conlhme(T. 


TiTLK    XXII.-Of    IlKAL   AM)   PkIWONAL   EsTATKS. 

CHAPTER  175. 

,         Of  Titlk  hy  Posskssiox. 
No  enjoyment  by  any  persons  or  corporations  for  anyg,,.,, 
length  of  time  of  the  privilege  of  maintaining  telegraphTcu- 


graph 


240 


poips, •tc, re- posts,  wires  or  apparatus,  in,  upon  or  over  any  lands  or 
eTec't**""" buildings  of  other  persons  or  corporations,  shall  confer 
maintaining.  .,  legal  right  to  the  continued  enjoyment  of  such   ease- 
ment, or  raise  any  presumption  of  a  grant  thereof. 


RHODE  ISLAND. 


m^ 


PUBLIC  STATUTES,  ISS2- Continued. 


TiTLK  XXV.— Of  the  Judiciauy. 


CHAPTER  200. 
Of  Juuoks  and  Juries. 


The  following  persons  shall  be  exempted  from  serving 
er80'.sand,^g^,jj.Qj.g  j,,^,jjgly .    *****    telegraphic  operators, 

classes  ex-        •'     .    .,    ' 


SEC.  8, 
P 


enipt  from 
jury  duty. 


*    *    *    *    * 


RHODE  ISLAND. 


PUBLIC  STATUTES,  1882^0ontliiued. 


Title    XX VI.— Of    Actions    and    Process. 


CHAPTER  207. 

Of  the  Service  of  Writs. 

gp,,  33  In  ?M  actions  at  law  or  in  equity  against  the  owners 

Service  of  pro- of  telegraph  and   telephone   lines  residing  out   of   the 

resident  own- State,  tlie  leaving  ot  a  certified  copy  of  the  process,  in- 


•241 


eluding   the   process    of    gnrnisliment  by   the    proper  ^^^J'^^^- 

officer,  at  any  office  of  said  owners,  witliin  tlie  State,  telephone 

witli  some  person  there  in  charge,  shall  be  deemed  a  ""«"• 
legal  and  sufficient  service. 


RHODE  ISLAND. 


PUBLIC  STATUTES,  1882— Conti lined. 


TiTLK  XXX.— Of  Crimes  and  Punisiimknt, 


CHAPTER  242. 
Of  Offknoes  Against  Private  Property. 
Every  nerson  wlio  shall  surreptitiously  obtain   or  at-SEo.39. 

i-(»cij    I'ci  i  i.  ,i„„,.„v^l,;,.  Surreptitiously 

tempt  to  obtain  the  contents  of  any  piivate  telegiapliit    ^^taininK, 
message,  and   pvery  employee  of  any   telegraph   com-   ^^^^^ 
pany,   who  shall   disclose   the  c(mtents   ->r  purport  of   ,,^^ 
any  private  telegraphic  messnge  to  a  i)er.,on  not  author- 
ized to  receive  the  same,  shall  be   fined   not  exceeding 
one  thousand  dollars. 

No  person  shall  place  any  telegraph  or  telephone  |K.r.^4H.^^^  ^^^ 
lines  or  poles,  or  any  fixtures  appertaining  thereto,  ih..., euj^no^t 
upon  any  private  property  without  the  consent  of  the  -  pr>;»y; 
owners  thereof.  ^  "'""" 

No  perpon  shall  labor  upon  the  work   of  erecting  or  sec.  49. 
repairing  any  telegraph  or  telephone  line  bel()nging   to^-pj^-^;,; 
nnv   teleoraph  or  telephone  company   without  having   ...n.paniesto 
conspicuously  attached  to  his  dress  a  medal  or  badge   ;-; 
on  which  shall  be  legibly   inscribed   the   name   of   the 
owners  thereof  by  whom  he  is  employed,  and  a  number 
by  which  he  can  be  readily  identified. 

"Every  person  who  shall  violate  any  of  the  provision.SsKc.50. 
of  the  preceding  two  sections  shall  be  fined  not  exceed-^^tll  Tt 
in"-  twentv  dollars  or  be  imprisoned  not  exceeding  three   laat  two  sec. 

^    O  J  tiong. 

months. 


-i 

I 


242 


SOUTH  CAROLINA. 

GENERAL  STATUTES,  1882. 
Part  T.  of  thk  Txtehnal  Administhatiox   ok  the 

GOVKUNMKNT. 


TlTLK   111. 


■  -    :! 


,11 


CHAPTER  XL 

Of  tiik  Assessment  and  Taxation  of  PnoPEirn . 

Ti..  rond  bed   ri-'-ht  of  way,   station   buildings,    toll 

Sia.aJ^^"  t.S.:^  rools.  n.Lnnevy,  roles,  wires  iix- 

-r  rCes,  ;essels  and  re.U  estate  own^  f'^  j^-jj;  ^ 

t    !     *    -^     *    in  tlie  prosecution  of  its  business,  shall 
rfhe  purpose  of  this  Chapter,  if   the  ccmpany   be 
o  r  nLd  in  this  State,  be  treated  as  personal  property^ 
Bu;  t  le  ien  for  the  taxes  shall  attach  to  the  property 
^s   f  t  e    'me  were  real   property,  and   the  presulen 
sec^l    ry,  or  principal  accounting  officer  thereof  shall 
Tc  ude  tl  e  value  thereoi,  in  the  return  of  the  otier  per- 
son I  assets  of  such  conipany  for   taxation  ;  which  i^- 
rn  s"  11 1  e  made  in  the  month  of  .lune  or  before   the 
vvJ^itieth  of  July,  annually,  to  the  several  auditors  ot 
he  0  unties  in  which  such  telegraph   line   may  be  situ- 
•Ued        cording  to  the  value  of  such  property  in  each, 
Cetler  with  a  statement   of  the  amount  of  such  assets 
sU.'I te  in  each   city,    town,   village,    or   ward  lu  said 
•oun  ies,   respectively,  and   the  value  of   the  movable 
Z^s  oi  such   company  shall   be  ^^PP-^-"-^^  "  ^^^ 
town,  city,  ward,  or  village,  in  proportion  to   the  value 
of  the  telegraph  line  in  each. 


OK    THE 


>PKIIT1. 

tings,  toll 
wires  iix- 
essiu'ily  ill 
■uph  com- 
ness,  shall 
lupany   be 

property. 

}  property 

president, 

ireof  sluill 

i  other  per- 

which  re- 
be  fore   the 
lutlitors  of 
lay  be  sitii- 
;y  in  each, 
such  assets 
ird  in  said 
lie  movable 
ned  to  each 
)   the  value 


243 
SOUTH  CAROLINA. 


GENERAL  STATUTES,  1882-- Continued. 


Title  III. 


OIIAPTEIl  XL 

Anv  person  or  persons,  company  or  corporations  en-SKr.iao. 
gaged  in  the  business  of  conveying  to,  fron),  or  tbrongliKxpres.  ana 
the    State    or    any    part    thereof,    moneys   and    other   companie.. 
personal  property,  shall  be   held  to  be  au  express  com- 
])any,  and  anv    person    or  persons,  company    or    cor- 
poration   engaged    iu     the     business   of    transmitting 
messages  to,  from  or   tbrough   this  State,  or  any  part 
thereof,  shall  be  held  to  be  a  telegraph   company,  and 
any  such  company  having  its  principal  office  out  of  this 
State,  sh-all  annually,  in  the  month   of  June  or  before 
the  tNVcMith  day  of  July,  by  its  principal  agent  in  this 
State,  make  out  and  deliver  to  the  Comptroller  (Teueral 
a  statement  under  oatli,  showing  the  value   ot   all   Us 
personal  property  in  this  State,  including  poles,  wires, 
batteries,  machinery,  materials,  and  apparatus,  and  tlie 
counties,    cities,     towns    and     incorporated     villages, 
in    which    the    same  may    be    situate,    together  witli 
the   gross    earnings   of   said   company   in    this    State, 
for  business  done   in   this  State  for  the  year  ending  the 
first  day  of  that  mcmtli,  and   the  company's  proportion 
of  receipts   for  business  done  in   connection  with   tlie 
lines  of  other  companies   (Hit  of   this  State,  and  which 
statement   shall  show   the   value  of  said  property  and 
re(!eii)ts  in  each  county,  town,   city  and  incorporated 
village,    in   which   such  company   has    an    agency    or 
agencies,  and  from  which    aggregate  shall  be  de.lucted, 
by  any  such    telegraph   company   the  expenses  of  tiie 
office  in  this   State   to   which  all   other  agencies  of  the 
company  in  this  State  are  recpiired  to  make  returns,  ex- 
cept rents  and  officers'    salaries  ;  and   which  statement 


shall  also  sliow  the  asgieffatp  value  ol'  the  property  and 
receipts  aforesaid,  after  making  tlie  deduction  aforesaid, 
in  each  county,  city,  town  and   incorporated  village  in 
which  such  company  may   have  an  agency  or  agencies, 
and  said  company,    by   its   principal   agent,  shall  also, 
between    the    tirst    of    .lune   and    twentieth   of    July, 
annually,  deliver  to  the  auditor  of  each  county  in  this 
State  in   whose   county    such   company    nn.y   have  an 
atrency  or  agencies,  a  statement  of  the  proportion  of  the 
net  value  of  the  property  and  receipts  aforesaid,  show- 
in<r  the  amount  thereof  in  each  town,  city  and  mcor- 
ponited  village  in  which  it  has  any  agency  or  agencies, 
and  said  company   shall  be  charged  on  the  duplicate  of 
each  of  said  counties  with  taxes  on   the  amount  so  re- 
turned in  each  town,  city  and  village  afrn-esaid. 


ure. 


VJ    4'! 


SK.'  190  Skc.  190.  Tf  any    telegraph    company    shall    fail   to 

ivnaitj  for  fail- ujj^j^j,  r^^^([  deliver  to  the  ComptrollerC^eneral  the  state- 
ment required  in  this  chapter,  on  or  before  the  twentieth 
day  of  .July,  annually,  such  company  shall  forfeit  and 
T,av  to  the  State  of  South  Carolina  five  liundred  dollars 
as  a  penalty,  and  the  Comptroller-General  shall  certify 
the  fact  of  such  failure  to  the  auditor  of  any  county  in 
this  State  in  which  said  company  may  have  an  office  or 
an  ao-ent,  the  said   auditor  shall  place  the  same  in  the 
dupncate  of  said  county  ;  and  if  any  telegraph  company 
shall  fail  to  make  to  the  auditor  of  any  county  in  this 
State  the  statement   required   by  this  chapter,  on  or  be- 
fore the  twentieth  day  of  July  of  any  year,  such  county 
auditor  shall  notify  the  Comptroller-General  thereof  ; 
and  if  the  Comptroller-General  shall  have  received  from 
sa^d  company  the  statement  required  to  be  made  to  him 
by  said  cou-.pany,  he  shall  certify  the  amount  returned 
as  in  said  county  to  such  county  auditor,  and  add  there- 
to,  as  penalty,  the  sum  of  ten  dollars,  which  shall  be 
charged  to  said  company  on  the  dupli.-ate  of  said  county, 
collected  and  paid  over  to  the  State  Treasurer,  in  the 
same  manner  herein  provided  as  to  the  penalty  for  not 
nnking  the  return  to  the  Comi.troller-Geiieral  :    1  ro- 


245  ■ 

vidtHl,  that  if  anv  tele<,nni.li  ronipMny  sliall  fnll  to  ivtuni 
the   statement    required    by    this   chiipter  to  tiie  Coaip- 
troller(^Mieial,  luul  tlie   Coniptioller-nenenil  shall  cer- 
tify such  failure  to  any  county  auditor,  such  county 
auditor  shidl  proceed  to  iiscertjiin  f,'ross  receipts  of  each 
af-ent  of  said  coinpnny  in  Ins  ronnty,  for  the  y.-ar  end- 
ing' the  lirsr  diiv  of  .Inne  id'  that  year,  tof>elher  with  the 
value  of  all  otln-r  property  of  the  company  in  his  county, 
and  fifty  per  cent,  thereto  as  penalty,  and  chnrge  the 
compa.iy  with  taxes  thereon  at  the  several  localities  re- 
quired bv  this  chapter,   without  any  deduction  for  ex- 
penses  paid   out   by   the  coni])any.     And  if  any  such 
company  sliall  have  no  principal  office  or  agency  in  this 
State  to  which  the  other  agents  in  the  State  are  required 
to  make   returns,    each   ag.-nt   therc.f,    in  any  county, 
shall  make  retinn   in   the  month  of  .June  or  before  the 
twentieth  of  Julv,  annually,  of  the  gross  receipts  of  his 
agency  for  the  year  ending  tli."  lirst  day  of  that  month, 
with  the  value  of  all  other  property   of  th<^  company  in 
the  city,  village  or  town  in  which  his  agency  is  situate, 
and  the  countv  auditor  shall  charge  such  company  witli 
taxes  thereon  at  the  same  rates  as  other  pnq^erty  in  the 
same  localities,  and  if  .such  agent  or  agents  refuse  or 
neglect  to  make  snch  returns,  the  county  auditor  shall 
ascertain  the  amount  of  snch  gross  receipts  and  value  of 
property,  add  tifty   per  cent,    thereto  as  penalty,  and 
char.'e  such  company  with  taxes  thereon  at  the  same 
rates'^charged  other  property,  at  the   several   localities 
where  such  property  may  be  situate  and  such  agencies 
located. 

All  returns  required  to  be  made  by  telegraph  cc.m-s.c..iot 
panies  having   their  principal  offices  out  of  this  Statt 
shall  be  made  in  such  form  as  the  Comptroller-General 
shall  prescribe,  and   the  Comptroller-General  is  author- 
ized to  require  answers  under  oath,  to  any  questions  he 
may  put  to  the  principal  or  any  other  agent  of  any  ot 
said  companies  in   this  State,  and  to  examine  any  ot 
such   agents   under  oath   relative   to  the  property  and 
affairs  of  sucii  companies,  and  the  management  thereof, 


llelunis,   how 
uiaiK' 


248 

which  oath  he  may  administer ;  and  if  any  such  agent 
shall  refuse  to  submit  to  such  examination,  or  refuse  or 
neglect  to  answer  any   such  q.-MHtions,    he    shall    be 
deemed  guilty  of  contempt  of  the  Comptroller-General, 
and  the  Comptroller-General  may  certify  the  fact  to  the 
Court  of  General  Sessicms,  and  upon  hearing  and  con- 
viction, such  agent  shall  be  fined  by  said  Court  in  any 
sum  not  exceeding  five  hundred  dollars  and  costs,  and 
be  confined  in  the  jail  of  the  county  where  tried    until 
such  fine  shall  be  paid  and  answers  be  given  to  all  sucli 
questions  j^s  the  Comptroller  General  may  propound  to 
him. 


SOUTH   CAROLINA. 


GENERAL    STATUTES   1882. 


Part  IV.,  ok  Cuimks,  kto. 


Title  I.— Of  Cuimks  and  Punisiimknts. 


CHAPTER  CI. 

Ok  Okkkncks  against  Pkoi'kkty. 

SKc  -.534  Any  person  who  shall  wilfully  or  unlawfully  injure, 

\mnto  teie-(j,,„,f,„e,  or   destroy  any[pole  or  wire  of  any  telegraph, 
graph  roles,  ^^j^^^^^^^^^^.^^j.  ^^^^^.^^j^.  ^j^.,^^  company  inlthis  State,  shall 

be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof,  shall  be  punished  by  fine  not  exceeding 
ore  hundred  d'^llars.  (u-  imprisonment  not  exceeding 
thirty  days,  or  both,  in  the  discretion  of  the  Court  or  a 
trial  Justice. 


etc. 


^■:d 


agent 
"use  or 
all  be 
Biieral, 

to  the 
d  con- 
in  any 
ts,  and 
I,  until 
11  such 

lUUtl  to 


y  injure, 
■legiaph, 
ite,  shall 
1  convic- 
xoeeiling 
xceeding 
oui  t  or  a 


•247 
SOUT"  CAROLINA. 


OIIAPTEU  CV. 
Of    Ofkkn(;ks    aoainst   tiik  Vvamm'  Phace. 


Of  Insurrection  and  Rebellion. 

The  Governor  of  Ihe  State,  when  in  his   l^^^l^^''^^^^'^p::^r  to 
,,„l>,ic  safety    n>ay  require  it,  is   '-^"f  ^ '''"'i;' ;^;^    ^    'Z  ^Z 

:     i;:aioresaid  telegraph  and  railroad  ^^^^^^J^. 
„er  most  conducive   to   tl.e  interest  and   safe  y 
S^lvernment;  U.    place  under   -^^^-^y;;^-^^^^ 
officers    agents  and  employees  oelonging   to   the     ele 
rnrand   rai  liu"s  thus   taken  possession  ot,  so 

tl  1     h  y  sh        be  considered  a  part  of  the  nnlitary  es- 
faidi^^^^^^^^^^^^^  to  all  the  restrictions 

imposed  by  the  rules  and  articles  ot  war. 


SOUTH  CAROLINA. 

OODB  OF  CIVIL  PROCEDURE,  1881-2. 
Part  IL— Of  Civil  Actions. 


Title  f).--Manner  of  Commencing  Civil  Actions. 
The  summons  shall  be  served  by   delivering  a  copy 
"^Ttl^^  against  a  corporation,  to   the  presi-s.o... 


248 

Bummon.,how  (lent  ov  otlieF  head  of  the  corporation,  secretary,  cashier, 
serve.!.  treasurer,  a  director,  or  managing  ageiit  thereof ;  but 
such  service  can  be  made  in  respect  to  a  foreign  corpor- 
ation only  wlien  it  lias  property  within  this  State,  or  the 
cause  of  action  arose  therein,  or  where  such  servi(!e  fliall 
be  made  within  this  State  personally,  upon  the  presi- 
dent, cashier,  treasurer,  attorney  or  secretary  thertof. 
Provided,  that  the  service  of  any  legal  process  upon 
any  agent  of  any  railroad,  telegraph,  insurance  or  ex- 
press company  within  the  limits  of  this  State,  shall  be 
taken  and  held  to  be  a  valid  service  upon  such  corpora- 
tions. 


W." '' 


240 


,  cashier, 
eof ;  but 
II  corpor- 
te,  or  the 
vice  fliall 
;he  piesi- 
tliertof. 
iss  upon 
!e  or  ex- 
shall  be 
corpora- 


LAWS  OK  TKXAS, 


PASorrAUS  annotated  digest. 

If  any  person  shall  intentionally  break,  out,  pull  or 
tear  <l..wn,  inispla.-e,  or  in  any  other  n.anner  injure  any 
teU-raph  wire,  post,  n.achinery  or  other  necessary  ap- 
pnrreninc.  to  any  telegraph  line,  or  in  anyway  wilfully 
obstrtict  or  interfere  with  the  transnussu»n  of  messages 
along  such  telegraph  line,  he  shall  be  punished  by  con- 
finement in  the  penitentiary  for  a  term  not  exceeding 
five  years,  or  by  fine  not  less  than  one  hundred  nor 
ni(ne  than  two  thousand  dollars. 

N0TE.-TI1C  above  is  the  only  law  found  In  the  Digest  relaUng  to 
Tclograph  Companies  In  Texas. 


2r)() 


LAWS  OF  TENNESSEE. 


Sec.  4050. 


*    *    *    Sun.  Sko.  6. 


To  will  fill  I V  cul,  burn,  or  in  any  way  break  down, 
injure  or  destroy  any  tele-raph  post,  wires  or  other  ap- 
paratus thereto  belon-in^,  shalllH^  punished  by  a  hue 
of  not  less  than  ten  dollars. 


'ini 


UTAH. 


COMPILED  LA  W^  1H«''<5. 


Ilk  down, 

other  ap- 

bv  11  fine 


TlTl-K  XI. 
(),.•  (!„IU'OUATIONS   <.TnKR   THAN    M  »' NKM' A  K. 


CIIAPTEll  1. 
Ok  Tklkouaimi  Companiks. 
H..  U,  enact.<l  by  the  (Jovernor  nn.l  Le^Msh.livo  Ass.Mn-s..'.  .^^  ^_^__^^ 

„,y  of  the  Territory  of  l' .ah  :  TIkU  ^-^ ^^^^^ ^^^^^  r.^:!  ^t 
sons  not  less  than  three,  two-tlnrds  of  whom  must  i)c  ^^^_^^,^  ^.,,,„ 
8onH   noi   le  M,  J..:,,,,.,   ^„ay  associate  and  form  a   „„,>i..8m.y... 

residents  of   this    lernioij,  snaj  ,.,„:,,„   i.nl.l-    oncBi.ize.i. 

con.pany  for  .he  purpose  of  cons  rnctms,  <;^'  «''':'; 
i.ur  uid  working.'  a  li.ie  or  li.ies  of  telegraph   n  th  s    ei 
Htorrupou   the   terms  and    '•      ^itions  and  subject  to 
the  liabilities  prescribed  ra  this  act.  .eitin-«^^«^  -' 

Such  persons  under  their  hands  shall  make  a  cei till  ^^^^,_,^ 

cate  which  shall  specify  : 

1st    The  Corporate  name  of  the  company. 

2d  The  general  route  of  the  principal  line  or  lines 
of  ^legrapl'  designating  the  principal  points  to  be  con- 
nected  thereby. 

3d.  The  amount  of  the  capital  stock  of  the  company 
of  the  number  of  shares  into  which  the  same  shall  be 

divided.  .     ■ 

4th  The  names  and  places  of  residence  of  the  princi- 
pal shareholders  and  the  number  of  shares  subscribed 
for  by  each. 

mh.  The peiicl  of  the  existence  of  said  company  not 
to  exceed  fifty  years.     Which  cevtiHcate  shall  be  proved 


Cei  tillcaU*  o  I 
orKanizatlon 
wliiit  to  spe- 
cify. 


'•■-'■  .  I 

9m 


ornckiiowl.'dpMl  and  fili'd  in  tlu' «.mcy  nf  tlu;  county 
CU'i-k  of  111.'  ('..unty  in  whicli  oin'  of  tlio  prinfipal  oflicvs 
wh^rr  to  iM.„f  said  conipany   sliull   bn   ('sial)li.sli('d,  and  a  copy  or 

fllml  ...  .  ....         1     •  .1  11!        .     ..e       ll...      iJ. .,.....».>  i.f     ..r 


AlwU 


Bko.  3. 


Ski  .  1 

I'oweni  ofcdiir 
p»ny. 


dnpli.'ate  thwreof  lllcd  in  ili.'  olUcf  of   tii.;  Secivtaiy  of 

Stat.'. 
C.nnpany    to   b.;  incorpomted  ;  copy  crtillcato  to  be 

evidence. 

Snch  r()nii)any  sliall  liavo  ])o\v.>r  to  pnrchase,  take, 
r.'ceive,  iiold,  use  and  venil  to  otlieis  to  be  nsed, 
any  pat. 'lit  or  pat.'nts  for  teleKral.llin^^  and 
any  and  all  rijijlits  tlier.Minder ;  to  i)nrclia.stN  take, 
receive,  hold  and  maintain  any  and  all  ritrlits, 
privile<,^'s  and  francliises  ivlatin-,^  to  the  busiuess 
()f  t.'le<irapliing. 
RK.  .B  Such  company  is  authorized  to  construct  lines  of  tele- 

wi.,.r..  author ^j.,jj^, I  al(»nf,' and  up.)n  any  road  or  highway  or  across 
rtrmuineHotany  of  tile  waters  or  over  any  lands  within  the  limits  of 
'*"^*"'"'      this  Territory. 

Pr.ivided  the  same  shall  not  be  so  constnu-ted  as  to 
incommode  the  public  use  of  said  road  or  highway  or 
injuriously  interrupt  the  navij^ation  of  said  wat.-rs. 

Commissioners  to  assess  datnages  ;  oath  of ;  compen- 
sation. 

May  k^ase,  sell  and  convey  their  franchise  and  prop- 
erty. 
This  act  shall  not  be  construed  to  limit  or  impair  any 
imitation  on,.}„i,,g  of  the  California  State  Telegraph  Company. 

former   g«o-"B""'-' 
tivna. 

An  Act  for  tlie  regulation  of  the  telegraph  and  to  se- 
cure secrecy  and  tidelity  in  the  transmission  of  tele- 
graphic messages. 

Approved  Jaruary  16,  1863. 

Operators  and  persons  in  employ  of  telegraph  com- 
panies exempt  from  military  and  jury  duty. 

Contracts  made  by  telegraph  deemed  contracts  in  writ- 
ing. 

Notice  may  be  given  by  telegraph.  Proviso:  such 
notice  deemed  actual  notice. 


Sec.  9 


Skc.  7 


BkO.  H 
Limitation    on 


SbC.  10 


dKC.  U. 


Sec.  18. 


tlu!  county 
cipitl  ofUct's 
I  u  copy  or 
Icci'ctiuy  of 

llciite  to  1)0 

•liasc,  tak«, 

lill^^  and 
iiast!.  take, 
all  ii<:lits, 
le    business 

lines  of  tele- 
ay  or  across 
he  limits  of 

•ucted  as  to 
highway  or 
waters, 
jf ;  conipen- 

}e  and  prop- 

•  impair  any 
npany. 

h  and  to  se- 
ion   of    tele- 


m 

Contents  of  instruments   in  writing  may  be  sent  bys.-". 

teleirnu)h  ;  f"i'''«' !'"•' '''^''''' '*^-  .  ,  i  .s.r  u 

'hecks,  &c.,   nu.y  be  made  or  drawn  by    telegraph  ;«-  -«• 
force  an.l  elTect  of ;  wiM.n  genuineuess  ,.f  den.ed  o,|  oath 
party  clain.ing  -iU.h'r  it  to  prove  original  ;  original  mes- 

T;::':is'ri::;n;ment.  «ent  by   telegraph   may  bes...  .. 

^t;::':s';r  w:;:;:;ts  of  arrest  may  be  s^^ 

graph  ;  authority  ..f  otlicers  t<.  tnake  arrests  <.n    re.v,,, 

of  telegri.ph  c<.py  ;  original  warrant    and    orde,  to   lu 

^'wror..r.ler  in  civil  cnses^  transmitted   by  s.n. 

t,lograph  ;  original  or  certilh-d  copy    may    be  used    by 

''whenever  any  docuu.ent  to  be  sent  by  t;;'"^-;'!'';' --.,„.... 
bears  a  seal,  either  private  or  ..Ihcal,  it  shall  not  bt  „,,,..., 
mrssarvfuMh.M.perat..r  in  sending  the  same    to    bde-    .•,. 

•miDh  a  description  of  the  seal.  _ 

i'Lpany  may  have   a  distinguislung  mark    .n  then  s.  .  m 

"uSl  be  the  duty  of  any  telegraph   <'";"i;-;y '^f  i;;^:.:. 

I      •      ..  in  tlilslrrritorv  to   transmit   all   dispatdies   in    ,„.„.„,  j,,  u... 
rr;       bi  wbich  the/are  received    under  the  penalty   o....... 

.  u  .  hundred  dollars  ;  provided,  that  connuuu.cat  ons    ..^,,., 
a    ,om  pub'i,.  oHicers  on  ollicial  business  n.ay  have 

cMver  all    "th-'r   communications      And  pro- 
urecedeiice  o\ei    aii  .,,1,;,.    ;„   rioviso   as 

•ide.l   also,  that  intelligence  of  general   and  pub.c   1  n-^   ^,.,„,,  ,„ 
lerest  may   be   transmitted   for  publicatn>n    out  of  its    ... 
order. 


to 
Bl- 


iegraph  com- 
;racts  in  writ- 
'roviso :  such 


254 
II TAH. 


LAWS  OF1S78. 


Sei'.  H8. 


Sec.  89. 


CHAPTER  Y. 
Akuest  By  Whom  AND  HoAV  Made. 

Any  magistrate  may  by  an  indorsement  under  iiis 
liand  upon  a  warrant  of  arre^r,,  authorize  the  servit^e 
tht-ieof  by  telegraph. 

Every  officer  causing  telegrapliic  copies  of  warrants  to 
be  sent,  must  certify  as  correct. 


UTAH. 


LA  WS  OF  1S8  0. 


Sec.  8. 


4:;hapter  xvii. 

Of  Compiled  Laws. 


An  Act  amendatory  of  and  supplemental  to  Chapter 
IV,  Title  XI,  Compiled  Laws  of  Utah, 
Be  it  enacted  by  the  Governor  and  Legislative  Assem- 
bly of  the  Territory  of  Utah.  That  Sec.  r.31  (of  the  Com- 
piled Laws  of  Utah^  is  hereby  amended  by  adding  tliere- 
to  tiie  foHowing  ;  And  in  ca:.e  of  telegraph  corporations 
and  corporations  proposing  to  do  business  outside  of 
this  territory,  a  certified  copy  of  said  agreement  and 
oath  or  aflirmalion,  and  of  tli.»  certificate  of  incorpora- 
tion provided  for  in  section  5:{;],  shall  also  be  filed  with 
the  secretary  of  the  territory.  All  other  corporations 
may  so  tile  their  articles  and  certificate  of  incorporation, 
if  they  so  elect. 


UE. 

it  nnrler  liis 
I   the   service 

f  warrants  to 


1   to  Chapter 
Jtah. 

hitive  Assem- 
l  (of  the  Corn- 
adding  tliere- 
1  corporations 
ss  ontside  of 
greement  and 
of  incorpora- 
be  lih'd  witli 
V  corporations 
incorpoiation, 


255 
UTAH. 


LA  WS  0  F1880. 


CHAPTER  XXIX. 

HiGinVAYS. 


An  Act  Pertaining  to  Highways. 

Every   *    *    telegrapli     *     *    corporation    has    thesKco. 
right  of  wav  through  the  public   ways   and  squares  in 
any  city,  vi'lhige  or  town,  with   the  consent   of   the  au- 
thorities thereof  and  under  reasonable  regulations. 


m 


250 


LAWS  OF  VERMONT. 


GENERAL  STA  TUTES  OF  1863. 


CHAPTER  88,  P.  500. 

Skction  1.  The  "Troy  and  Canada  Junction  Tele- 
graph Company,"  or  any  other  persons  now  or  hereaf- 
ter to  be  associated  together  for  the  purpose  of  erecting 
a  line  of  telegraphic  wires  for  the  purpose  of  making 
telegraphic  communications  through  this  State  or  any 
part  thereof,  may  set,  erect  and  maintain  the  posts  and 
other  necessary  fixtures  therefor,  as  is  customary  in 
such  cases,  or  requisite  to  the  proper  construction,  safe- 
ty and  maintenance  of  such  telegraph,  in  and  along  the 
sides  of  any  public  highway  or  road  in  this  State,  pro- 
vided that  the  same  be  done  in  a  nuinner  not  to.  inter- 
fere with  the  public  convenience  in  traveling  along  such 
highway,  or  in  duly  repairing  the  same. 

Skction  2.  If  in  any  case  it  shall  be  found  inconve- 
nient or  inexpedient  to  erect  such  telegraph  in  a  man- 
ner conformable  to  section  oneof  this  chapter,  the  select- 
men in  the  town  where  such  difficulty  shall  arise  shall 
determine  on  application  where,  and  in  what  maniver, 
such  difficulties  or  obstructions  shall  be  obviated  or 
removed,  giving  notice  to  the  parties  ii  interest,  or  their 
agents,  and  shall  certify  their  decision  and  cause  the 
Biime  to  be  recorded  in  the  Town  Clerk's  office  in  such 
town. 

Skction  3.  If  it  shall  be  found  necessary  or  expe- 
dient to  erect  such  lin.  of  telegraph  in  and  along  the 
streets  of  any  village,  or  in  front  of,  and  near  the  resi- 
dences of  any  persons,  and  su(!h  persons  shall  deem  the 
same  to  be  inconvenient  or  objectionable,  such  persons 
may  apply  to  the  selectmen  of  such  town,  or  mayor  of  any 


n 


257 


ion  Tele- 
r  hereaf- 
E  erecting 
f  making 
e  or  any 
posts  and 
aniary  in 
ion,  safe- 
along  the 
tate,  pro- 
to.  inter- 
long  snch 


inconve- 
n  a  man- 
tliese1e(!t- 
rise  shall 

maniver, 
iviated  or 
5t,  or  their 
cause  the 
e  in  such 


or  exi)e- 
aloug  the 
'  the  resi- 
i  deem  the 
ill  persons 
lyorof  any 


city,  or  principal  officers  of  any  incorporated  village, 
as  the  case  may  be,  who  shall  determine  through  what 
street  or  streets  the  same  shall  so  i)ass,  or  in  what  man- 
ner, if  at  all,  snch  inconvenience  or  objection  may  be 
obviated  so  as  to  avoid  the  same  \  and  snch  decision  shtill 
be  final,  due  notice  being  given  as  required  in  the  second 
section  of  this  chaj)ter. 

Skction  4.  Whenever  the  selectmen  or  other  officers 
as  afoiesaid  shall  be  called  upon  to  act  in  pursuance 
of  this  chapter  they  shall  be  paid  at  the  rate  of  one  dollar 
each  per  day  ;  and  their  decision,  or  that  of  a  majority 
of  them,  shall  be  final  in  the  premises;  and  all  expen- 
ses incurred  thereby  shall  be  paid  by  such  persons  so 
erecting  such  telegraph. 

Section  6.  Whenever  in  the  erection  of  said  line  of 
telegraph  the  owner  or  occupant  of  any  lands  or  tene- 
ments shall  have  sustained,  or  be  likely  to  sustain,  any 
diimages  in  consequence  of  such  erections  for  such  line, 
the  selectmen  of  the  town,  or  mayorof  any  city  in  which 
snch  lands  or  tenements  shall  be  situated  shall  examine 
and  appraise  such  damage,  and  the  same  shall  be  made, 
and  the  decision  and  appraisal  of  such  selectmen  or 
mayor  shall  be  final,  due  notice  being  given  as  required 
in  the  second  section  of  this  chapter. 

Section  6.  If  any  person  shall  in  anywise  wilfully 
or  intentionally  cut,  break,  injure,  or  despoil  any  such 
telegraphic  wire  or  post, or  other  fixture,  so  erected  within 
this  State,  so  as  to  directly  or  indirectly  interrupt  or 
impede  the  transmission  of  intelligence  by  said  telegraph 
by  means  of  cutting,  breaking,  or  in  any  manner  injuring 
such  wire,  post,  or  fixture,  as  aforesaid,  or  by  wilfully 
interposing  any  other  thing  or  material,  ordoingany  act 
that  shall  hinder,  divert,  impede  or  interrupt  the  free 
passage  of  the  galvanic  fluid  or  influence  along  said  line 
or  prevent  the  transmission  of  intelligence  along  the 
same,  or  do  any  act  to  impair  the  value,  safety  or  secur- 
ity of  the  same,  each  and  every  person  so  offending,  or 
aiding  and  assisting  in  such  offence,  shall  forfeit  the  sum 


268 

of  one  Imndred  dollars,  to  be  recovered  by  an  arfion  of 
debt  founded  on  this  chap' -r,  in  tlie  name  of  Hie  Stiner- 
intendent  of  such  line  of  telegiapli  for  the  time  bein^^in 
any  Court  proper  to  tiy  the  same,  for  the  use  and  beneiit 
of  the  owner  or  owners  of  sneli  telegraph  ;  and  sha'l  also 
be  liable  to  be  tried  and  pnnish^^dby  tine  and  imprison- 
ment, as  is  provided  by  law  in  other  cases  of  malicious 
acts. 

Skotion  7.  It  shall  be  lawful  for  any  legally  incor- 
porated telegra])h  company  in  this  State  to  erect  and 
maintain  their  telegrapii  line,  or  any  part  thereof,  along 
the  sides  of  railroad  tracks,  within  the  limits  of  lands 
owned  or  held  by  any  railroad  corporation,  license 
therefor  being  first  had  of  such  railroad  corporation  by 
vote  of  their  board  of  directors,  or  with  the  consent  of 
the  Superintendent  of  such  railroad  corporation. 

Section  8.  Such  telegraph  line  so  erected  by  such 
telegraph  company, shall,  notwithstanding  such  location, 
be  alid  remain  the  property  of  such  telegrapii  company, 
and  shall  not  be  deemed  to  pass  by  any  sale,  transfer,  or 
mortgage  which  such  railroad  corporation  have  already 
made  or  shall  hereafter  make  of  the  lands  in  and  upon 
which  such  telegraphic  line  has  been  or  shall  hereafter 
be  erected;  nor  shall  such  line  be  liable  to  attachment  or 
levy  of  execution  against  such  railroad  corporation. 

Section  9.  No  enjoyment  by  any  persons  or  cor- 
poration, for  any  length  of  time,  of  the  privilege  of 
having  and  maintaining  telegraph  posts,  wires  or  ap- 
paratus in,  upon,  over,  or  attached  to  any  building  or 
lands  of  other  persons  shall  be  deemed  to  give  a  legal 
right  to  the  continued  enjoyment  of  such  easement,  or 
raise  any  presumption  of  a  grant  thereof. 


1  action  of 
the  Simer- 
le  beiiif^,in 
and  henoiit 
1  slia'l  also 
[  iniprison- 
f  malicious 


V  E  H  MONT. 

REVI^KD   LAWS  OF  \^^^K 

TlTLK  27.       iNsllIANrK,    Ti:LK(i  ItAl'lI,    AND    OTIIKU    C(»M- 

I'ANIKS. 


mllv  incor- 
erect  and 
reof,  along 
its  of  lands 
on,  license 
foration  by 
consent  of 
ion. 

d  by  sucli 
cli  location, 
1  company, 
transfer,  or 
ive  already 
1  and  npon 
1  hereafter 
rach  mentor 
oration. 

ons  or  cor- 
privilege  of 
dres  or  ap- 
bnilding  or 
give  a  legal 
isement,  or 


CHAPTER  in:}. 

TkLKOUAIMI    and    EXIMJESS   COMPANIKS. 

Whenever  any  persons  or  Corporations  are  about  to 
erect  a  line  of  telegraph  or  telejdione  wires,  in  and  along 
a  highway  within  any  town,  city  or  incorporated  village, 
in  and  along  which  a  line  of  poles  has  already  been 
erected  by  other  persons  or  corporation  for  a  similar 
purpose,  the  selectmen  of  such  town,  or  principal  officers 
of  such  city  or  village,  shall  have  the  right  to  permit, 
and  may  require  the  persons  or  corporation  about  to 
erect  a*  new  line,  to  attach  their  wires  to  the  poles 
already  standing,  as  provided  in  the  following  section  : 

Said  selectmen  or  priiu;ipal  officers  sball  ascertain  as 
near  as  may  be,  the  original  cost  of  erei  ••■g  such  line  of 
poles,  and  shall  direct  such  persons  o'-  orporation  as 
may  require  to  use  said  poles,  to  pay  to  the  owners  of 
the"  line  already  erected  a  fair  proportion  of  such 
expense,  not  to  exceed  one-half  the  estimates  of  original 
cost  of  construction  ;  and  in  no  case  shall  said  poles  be 
used,  until  the  owners  of  the  new  line  shall  tender  to 
the  original  owners  of  said  line  of  poles,  tl  ,  amount  so 
directed  by  said  officers.  And  if  a  pole  or  poles  used 
by  two  or  more  persons  or  corporavions,  shall  be  re- 
quired to  be  repaired  or  removed,  the  expense  thereof 
shall  be  borne  equally  by  the  persons  or  corporations 
using  the  same. 

Said  officers  shall  give  written  notice  to  the  proprie- 
tors of  both  the  old  and  new  lines,  of  all  their  require- 
ments in  the  premises,  and  shall  also  lodge  a  copy  of 


Skc.  3645. 

; 

I* o  1  e 8  of  old 

' 

line  along 

*  * 

liigliway  may 

1)C  Uhfil   for 

wires  of  new 
line. 

t 

Skc.  3r.je. 

Ollleers  to  di- 
rect new  lino 
to  pay  part  of 
cost  repairs. 


Skc.  3647. 

Ofllcers  to  give 
notice  and 
lodge  coi)j' , 


PI 

iii! 


\  m 


260 

said  notice  in  the  town  or  city  Clerk's  office,  as  the  case 
may  be. 
SEC.  im.  The  proprietors  of  any  sucli  line  ox  poles,  so  required 

owners'  right  j^^  y^^  ,jg^,^^  j^jy  .jjjy  other  persou  or  corporation,  shall  nrt 
'J'errte'a'I^' take  down  or  alter  the  position  of  auch  poh'S,  without 
tiongiwng.   oijtiiining  permission    of    all    parties    who   may   have 
acquired  a  right  to  use  said  poles,  or  tlie  permission  of 
the   town,  city   or  village  officers  aforesaid  ;  and   any 
person     »r  corporation  injured  by  the  violation  of  this 
section,  may  maintain  an  action   on  the  case,  founded 
on  this  statute,  to  recover  the  amount  of  such  injury. 
8KC.3649.  The   selectmen  or  other    officers    shall    receive    one 

Majority  »' dollar  each  a  day,  for  their  services  under  sections  two 
Sel°andand  three  (§§.  3046,  3647) ;  and  the  decision  of  a  maj.n-- 
expenses.      j^y  j^f  {1,^,,,  ghall  be  tiiial.     All  expenses  incurred,  shall 
be  paid  by  the  jiersons  or  corporation  erecting  such  new 


lilli 


[TUANSFKU  MADE   AVITIIOUT   ExTKA   ChAKOK]. 


SBC.  3660.  Any  telegraph  company  receiving  a  message,  directed 

Transfer  of  jo  any   persou   off  from  said  company's  line,  shall,  if 

roThTimlsuch  person  resides  on  the  line  of  any  other  telegraph 

rtguiated.     company,  transfer  such  message  to  said  other  company's 

line,  to  be  by  them  transmitted  to  the  place  of  destina- 

ation. 

Provided  both  of  said  companies  have  an  office  in  the 
same  village  or  city  in  this  State.  No  extra  charge 
shall  be  made  for  said  transfer,  within  the  usual  limits 
of  delivering  messages  in  said  city  or  village,  and  the 
company  receiving  the  same  shall  make  no  extra  charge 
for  any  additional  date,  construed  by  them  to  be  neces- 
sary because  of  said  transfer. 
s^;c.  w.i.  Any  operator  or  employee  of  any  telegraph  company 

vcnaity  ' or ^.^,f^ging  or  neglecting  to  comply  with  the  provisions  of 
violating 3660  ^j^,^  act  (§§  3660,  3661),  shall  be  subject  to  a  fine  of  nob 
less  than  five  dollars  nor  more  than  one  hundred  dol- 
lars. 


s  the  case 

I  required 
,  shall  nrt 
s,  without 
may   have 
mission  of 
;  and  any 
on  of  this 
?,  founded 
injury, 
iceive    one 
ctions  two 
>f  a  niajor- 
irred,  sluill 
f5  such  new 


MiGE]. 

;e,  directed 
ne,  shall,  if 
r  telegraph 
■company's 
of  destina- 

office  in  the 
ixtra  charge 
isual  limits 
ige,  and  the 
ixtra  charge 
to  be  neces- 

ill  company 

provisions  of 

tine  of  not 

mndred  dol- 


961 

Taxation  of  Tklkouapii  Cojipaniks. 
Tlie  secretiirv,  trt'Jisurer,  superiutendcMit,  manager  orsicMM. 

*  ,,.  o  1      .    1  1  1    •        (irons   receipts 

other  proper  ofhcer  of  each  telegraph  company  doing    ,„  t,,,«  Bt^te 
business  in  this  State,  shall  within   the  Mrst  ten  days  of   taxeii,  return 

,  ,    T    f  ii       i.  penalty    for 

July  of  each  year,  make  otit  and  deliver  to  the  treasurer  not  making, 
of  the  State,  a  statement  in  writing,  under  oath,  signed 
by  siu'h  officers,  of  the  gross  amount  of  receipts  for  tel- 
egraph messages,  at  each  of  its  offices,  or  places  of  doing 
business,  and  there  is  assessed  upon  each  of  said  com- 
panies a  special  tax  of  two  per  cent,  of  the  gross  amount 
of  all  such  receipts  for  telegraphic  messages  paid  to  it 
during  the  year  xn-eceding  the  Hist  day  of  July  of  each 
year,  to  be  paid  annually  by  said  company  to  the  State 
treasurer,  on  or  before  the  first  day  of  August  of  each 
of  said  years;  which  sum  shall  be  in  lieu  of  all  other 
taxes  upon  its  lines  and  personal  estate  used  exclu- 
sively in  telegraphic  business  in  this  State  ;  but  when 
any  such  company  shall  fail  to  make  the  said  returns  to 
the  State  treasurer,  on  or  before  the  day  named  in  this 
section  for  so  doing,  the  said  company  shall  forfeit  and 
pay  to  the  State  in  lieu  of  said  tax,  the  sum  of  five 
thousand  dollars  and  cost  of  suit,  to  be  recovered  in  an 
action  of  debt  in  the  name  of  the  State  against  such  tel- 
egraph company,  in  the  County  Court  in  any  county  in 
this  State  through  which  its  line  passes. 


VERMONT. 


P  UBLIC  ACTS  OF  1882. 


No.  74. 


An  Act  fixing  the  Compensation  to  be  allowed  Tele- 
graph Companies  for  the  use  of   their  Poles  for  the 
support  of  Telephone  Lines. 
It  is  hereby  enacted  by  the  General  Assembly  of  the 

State  of  Vermont : 
Persons  desiring  to  attach  a  telephone  line   to    the  sec.  i. 


i 


202 


Parties  maypoles  nmintaliKMl  bv  a  teU-rnpl.  (-..inpany,  may  apply 
petitionoouM  J  .  ,„.titi()n  ln  wiitiii^s  to  tlie  ('ouiity  Ooiiit  ol  the 
Ifr^cr  c-;,unty  i,,  -inch  <).•  partly  in  which  the  lii.'S  c,f  i.olcs  to 
,nisBiom™,^^.,^j^li  jj  jj^  desired  to  attach  such  wires  is  situated,  stat- 
moimi'tfin.   that   they  wish   to  attach   a  line  of  wires  to  .sn-'h 


petilioiu'rH. 


]  oles. 

make 
be  '-■■ 


Vlie  Court  so  petitioned  to  shall  appoint 
niterested  persons,  as  commissioners,  who  shall 
iniination  and  determine  whetlu-r  such  line  can 
<    ;ehed  without  injury  to  tlie  company  owninj' 


the  pok's,  :;  ■  if  they  are  of  opinion  tliar  they  can  be  so 
attached,  shall  , o  report  to  the  Court,  and  shall  also  re- 
port, what,  in  their  opinion,  would  be  a  fair  annual 
compensation  to  be  paid  l)y  the  persons  desirin-  to  at- 
tach such  telephone  lines  for  the  use  of  such  poles. 
The  Court  may  establish  sncli  rei)()rt,  ov  they  may  re- 
ject the  same  and  appoint  new  commissioners  to  re-ex- 
amine and  report. 

If  a  report  is  finally  established,  recommending  that 
the  telegraph  company  allow  the  use  of  its  poles  for  a 
compensation  specitied  in  such  report,  such  company 
ahull  so  allow  the  use  of  their  poles  on  tender  of  such 
compensation,  and  if  they  hinder  or  obstruct  persons  so 
authorized  to  attach  their  lines  thereto,  u.ay  be  pro- 
.      ceeded  against  by  the  Court  establishing   the   report  as 

for  contempt. 

The  petition  with  a  citation  for  thai  purpose,  shall  be 

mition,  how  served  on  such  telegraph  company  at  least  twenty  days 

'"■■"■'•        before  the  sitting  of  the  Court,  to  which  audi  petition  is 

preferred.  ,  •        « 

Such  telephone  wires  when  affixed   to   the   poles  of  a 
i,utie!'of  peti- telegraph  company,  under  the  provisions  of  the  preced- 
tioneron  .xf-.^^^^  gectiou,  sluiU  1)6  put  up  ill  sucli  a  nuuiner  as   not  to 
fl..u.g  Wires.  .^  =^^.j^^.^  ^^.^j^  ^j^.^^  .^ij.^.^^^^,  .^fiixed  to  sucli  poles. 

This  act  shall  take  effect  from  its  passage. 

Sec.  4. 

To  take  effect.     Approved  November  29,  1882. 


ly  apply 
t  of  the 
;  poles  t(> 
led,  stJVt- 
to  sueh 
appoint 
vlio  sliall 

I  line  can 
y  ()\viiin«f 
can  be  so 

II  also  re- 
ir  annual 
•iiii;-  to  at- 
ich  poles. 
y  may  re- 
;!  to  re-ex- 

dinf;  that 
oles  for  a 

company 
V  of  such 
persons  so 
y   be  pro- 

report  as 

ie,  shall  be 

k'enty  days 

petition  is 

poles  of  a 
the  preced- 
•  as  not  to 
loles. 


VKKMOXT. 


PUliLKI  ACTS  OF  ISSi-CoiUinucd. 


NO.  75. 


An  Act  relating  to  Tele<rraph  and  Telephone  Poles,  in 
Incorporated  Villages  and  Cities. 

It  is  hereby  enacted  by  the  General   Assembly     -     he 
Stale  of  Vermont  : 

All  telegrapli  or  telephone  companies,  or  as;  .. :  t'"'-^' J^.;'^^,;p„  ^„j 
and  all  persons  owning  or  managing  a  telegr   i  .   o.  lele-    tei.'piione 
phon.'  line,  shall  cause  the  telegraph  or  telepno.     poles    p^';:^,/;^^^'^ 
now  or  hereafter  erected    in   any    highway   within  the 
limits  of  any  incorporated  village  or  city  in      i  -,  State, 
to  be  suitably  painted  to  the  satisfaction  of  the  trustees 
of  such  village  or  aldermen  of  such  city,  and  shall  sub- 
stitute straight  poles  in  place  of  all  crooked    i)oles   now 
or  hereafter  erected. 

Anv  tele<rrai)h  or  telephone  company,  or  association,  skc  i. 

■'  "I  1  _  111,,  I'eimlty  for  ne- 

or  persons  owning  or  managing  a  telegraph  or  leleplione   ^i^^.to,  ,.,,f„8. 
line,  which  shall  after  twenty   days'  notice,  in    writing,    aitucom,.iy 

'  .    ■•  .  ..  .         with  the  pi-")- 

visionsof  si-o- 
tiuiione,  how 
recovered, 
duties  of 
trustees  and 
alilermi'n. 


villageH  and 
cities  to  b  e 
straight  and 
|i:iiiited  white 


given  by  any  trustee  or  aldeiman,  neglect  or  refuse  to 
paint  such  telegraph  or  telephone  poles,  or  to  sid)stitute 
straight  poles  in  place  of  crooked  i)oles,  as  provided  in 
section  one  of  this  act,  shall  forfeit  the  sum  of  one  hun- 
dred dollars  to  such  village  or  city,  to  be  recovered  in  an 
action  of  debt  on  this  statute;  and  said  trustees  or 
aldermen  in  such  case,  may  also  cause  such  poles  lobe 
painted,  and  may  substitute  straight  poles  for  crooked 
poles,  as  provided  in  section  one  of  this  act,  and  may 
also  recover  the  expense  of  so  doing  in  an  action  brought 
in  the  name  of  such  village  or  city  against  the  owners  of 
such  telegraph  or  telephone  line. 

Whoever  shall  post  or  paint  any  sign,  or  advertise- seo. a 


2(U 


''ra'iniiMK  'or">«»ti  o»'  ii<>ti<'t^  ^J"  ii"y  telfgiapli  ('!•  ti'leplione  pole,  slmll 
[;,;«;';•«  j.f<)rfeit  live  dollars  to  the  villiige  or  city  in  which  such 
or^^uphono  jj^jg  irt  situated. 

SKc  4.  Justices  of   the  peace  shall   have  jurisdiction  of  ail 

JurisJiotlon  of     jj  j,„^,yj.  ^,,5^  .^^,J 

J\ititice8 . 

Approved  November  2S),  18H2. 


2nr) 


LAWS  OF  VIHUINIA. 


VODh]  1S7M. 


CllAPTKUOr). 

The  inventors  of  any  system  of  telosraph  or  their 
a8si<,fns,  njuin  producing  i»ro()f  of  such  invention  or 
assignment  to  the  Hoiird  (»f  I'ublic  Woil<s,  and  obliiin- 
ing  its  assent,  may  constrnct  and  maintain  sneh  tele- 
griipli  along  any  of  the  State  or  oonnty  roads  or  worlds, 
and  over  the  waters  of  the  State,  provided  tlie  ordinary 
use  of  snch  roiids,  woiks  and  waters  be  not  tluTcby 
obstructed,  and  along  the  stre-ts  of  any  town,  witii  the 
consent  of  the  council  or  trustees  thereof,  and  upon  the 
land  of  any  incorporated  company,  with  the  consent  of 
such  company  ;  and  may  mnke  reasonable  eharges  on 
messages  or  intelligence  transmitted  by  such  telegraph. 

It  shall  be  the  duty  of  every  lelegraidi  company j.^.^,. 
doing  bnsinessinthe  State  to  receive  dispatches  from  and 
for  other  telegra})h  comi)anies  or  lines,  and  from  and  for 
any  persons  ;  and  upon  i)ayment  of  the  usual  charges 
therefor,  according  to  the  regulations  of  the  company,  to 
transmit  the  same  faithfully  and  impartially,  and  as 
promptly  as  practicable,  and  in  the  order  of  delivery  to 
the  said  company.  For  every  failure  to  transmit  a  dis- 
patch faitlifully  and  impartially,  and  for  every  failure 
to  transmit  a  dispatch  as  promptly  as  practicable,  or  in 
the  order  of  its  delivery  to  the  company,  the  company 
shall  forfeit  the  snm  of  one  hundred  dollars  to  the  per- 
son sending  or  wisliing  to  send  such  dispatch,  and  shall, 
moreover,  be  liable  to  an  action  for  damages  by  any 
party  aggrieved. 

But  nothing  herein  shall  prevent  any  such  company 
from  giving  preference  to  dispatches  on  official  business, 
from  or  to  officers  of  the  United  States  or  State  of  Vir- 


\^ 


^h 


m 


906 


Ski'    .'I. 


Bkc.  4. 


Rkc.  n. 


Sec   6. 


jrlnln.  or  from  n.nkinff  nrnu.u.'m.Mits  will,  propiu'tors  or 
,,„blisli..rs  ..r  m-w^paiMTM  |\.r  ll..>  liaiismissioM  to  ll.em 
For  pul.liration  of  int."lli^'.-n',v  of  K-m-ml  iin.l  puMu' 
iiir«'r«'.st,  out  of  its  rt'^iiliir  (.nlt-r. 

It  shall  be  tlio  (liitv  of  rvory  t.^U'^niipli  rompatiy, 
upon  ll.o  arrival  of  a  .lispatcii  at  the  point  to  which  H'  i« 
l„  |„.transn.itt.Mlbvsai.lco.npany,  todelivent  promptly 
t„  the  person  to  whom  it  is  mbhvss.Ml,  wlu-n  the  n-uuhi- 
tiuns  of  th.M-ompnny  require  such  clclivery,  ortolorward 
it  promptly  as  directed  when  the  same  is  to  be  pre- 
sented. .  , 

Kor  every  failure  to  deliver  or  forward  a  dispateli  as 
promptly  as  practieable,  the  company  shall  Toifeit  one 
hundred  dollars  to  the  person  sendinj,'  the  dispatcii,  or 
t,.  Ih.'  person  to  whom  it  was  addressed,  and  shall,  more- 
over, be  liable  to  an  action  for  damages  by  any    party 


lljiglieved 


Kvery  person,  llrm,  association  or  company  doing  the 
business  of  telegraphing  for  th.'  public,shall  be  liable  as 
a  telegraph  company  to  the  provision  of  this  act. 

The  1^'gislatiire  reserves  the  power  of  amending, 
altering  or  repealing  the  act  passed  the  twenty-ninth  of 
March,  eighteen  hundred  and  forty-seven,  to  facihtate 
the  construction  of  an  electric  telegraph  on  the  Great 
Northern  and  Southern  Mall  Houte,  or  of  altering  or 
modifying  any  rights  or  privileges  acquired  under  this 
chapter,  or  under  the  forty-second  section  of  the  sixty- 
lirst  chapter. 

The  proprietors  of  each  line  of  teh'g.ai)h  in  tins 
State  shall  annually,  on  or  before  the  first  of  October, 
nrake  a  report  to  the  Board  of  Public  Works  lor  the 
year  ending  the  next  preceding  thirth-th  day  ot  Sep- 
tend)er,  showing,  in  such  way  as  the  Hoard  may  pre- 
scribe, the  amount  of  capital  invested  withm  this  State 
on  their  line,  how  much  thereof  was  received  by  the 
patentees  or  inventors,  and  how  much  is  held  by  others  ; 
the  amount  per  share  of  the  stock,  the  expenses  ol  con- 
struction and  uuuntaining  the  line,  the  gross  and  net 
profits  to   such  line,  and  the  regulations  adopted  to  en- 


907 


U'tdis  Ol- 
io  tlicin 

)mi>ii!iy, 
licli  it  is 
iroiiiptly 

(    IVUlllil- 

1  forwMicl 
be  i»rH- 

i|)!ilch  US 
ifeit  out' 
)iitcli,  or 
ill,  tuoro- 
ly    i)aity 

loiii^  the 
liable  as 
t. 

mending, 
'-ninth  of 
faeilitate 
tlie  Great 
Iteriiig  or 
jider  tliis 
the  sixty - 

h  in  tin's 
October, 
ks  for  the 
ly  of  Sep- 
niay  pre- 
this  State 
ed  by  the 
l)y  others  ; 
;es  of  con- 
ss  and  net 
)ted  to  en- 


sure the  faithful  disehiML'*'  of  tlw  duties  of  tlio  snid  pro- 
pii.'tors.  If  ili.'v  fiiil  In  niiiU*' such  repni-f  th.'v  shall 
forfeit  live  huiidivd  dolhiis,  iiud  the  like  foifcitui.- shall 
be  incune.l  fi.r  eiich  .succeed in;;-  month  that  siudi  fnilure 
hIuiII  continue. 

Kver\'    telei^qaph    comiiiiny   doini?  business    in  this 
StJile  nhiill.  on  or  before  the  lii.st   (liiy  (.f  Februiiry  of 

each  ye:ir,  make  report,  veritied  by  lli« th  "f  the  chief 

ollicel'  resident    in   the  Stiite,  to  the  Auditor  of  Public 
Accounts,  of  the  gross  and  net  eiiruings  (d"  such  com- 
l):iny  within    the   \\\   've   months   next   iireceding  such 
report,  on   nil   business  conducted,  ciuiied   on,  or  per- 
formed by  su(di  compMiiy  within  the  Si;ile.     Smdi  com- 
psmy  shall  also  report  on  o;iih,  on  or  bebuc  the  Hist  day 
of  bVbruary,  the  value  of  mII  real  uiid  personal  projjeity 
owned  by  said  compiiny  witliin  the  Stiite.     Kvc  ry  mndi 
compiiny  sliall  b<'  the  collecUu'  for  the  Stiite  of  the  tuxes 
whiidi  may  be  impose<l  on  the  gross  and  net  eiiriiiiigs 
and  prop^i'ty  <'f  '•'♦'  ^'i""'  !  ""<^  s\\i[\\,  at  the  time  lixed 
for   making   said   rejtorls,   piiy    int(t   the  Treasury   the 
taxes  whi(di  may  be  prescribed.     If  such  compiiny  fail 
to  niiike  such  letmii  (U'  piiy  such  tax,  it  shall  be  liable 
to  a  line  of  not  less   tliiin    live    hundred    n<u'   more  than 
two  thousand  dollars,  wlii(di  may  be  recoveriible  in  the 
Circiiit  Court  of  the  (Mty  of  Riidimond,  on  motion,  after 
twenty  days'  notice,  by  the  Auditor  of  Public  Accounts. 
Siu'h  m)tice  to  be  served  in  the  manner  prescribed  by  law 
in  other  cases. 

No  telegrnph  company,  nor  agent  or  ofTicer  of  such  sko.8. 
company,  nor  any  persons  operating  the  apparatus  m'c- 
essary  to  communications  over  the  wires  of  such  com- 
pany, ov  i)eison,  without  a  license,  authorized  by  law,  if 
the  business  be  conducted  by  an  incorporated  comiany, 
tl.^^  license  shall  be  to  the  cc.nipiiny,  which  company 
may  employ  agents  without  a  license  being  recpiired  of 
such  agents.  If  the  business  be  conducted  by  any  per- 
son, tirm  or  company,  not  incori)orated,  the  license  shall 
issue  to  such  person,  tirm  or  company,  when  a  license 
shall  have  issued,  messages  or  communication  may  be 


;.  i 


lit 


208 

transmitted  through  any  county  or  corporation  in  this 
State.  One  license  for  the  same  com))any  shall  be  suffi- 
cient, and  this  section  shall  not  be  construed  to  require 
a  license  for  each  office  of  the  same  company.  Any 
person  violating  the  provisions  of  this  section  shall  pay 
a  tine  of  not  less  than  one  Inindred  dollars,  nor  more 
than  f^ye  hundred  dollars  for  each  ofience. 


VIRGINIA. 


An  Act  to  amend  the  Laws  of  the  State  of  Virginia,  re- 
lating to  Lhe  Erection  of  Telegraph  Lines. 
Ai)proved  Feb.  10th,  18H0. 

Be  it  enacted  by  the  General  Assembly  of  Virginia. 
That  Section  one  of  Chapter  sixty-live  of  the  Code  of 
eighteen  hundred  and  seventy-three,  be  amended  and 
re-enacted,  so  as  to  read  as  follows : 

1.  That  inventors  of  any  system  of  telephone  or  tele- 
graph, or  their  assigns,  upon  producing  proof  of  such 
invention  or  assignment  to  the  Board  of  Public  Works, 
and  obtaining  its  assent,  any  telephone   or  telegraph 
company  cli.irtered  by  this  or  any  other  State,  or  by  an 
Act  of  Congress  of  the  United  States,  may  construct  and 
maintain  such  telephone  or  telegraph  along  any  of  the 
State  or  county  roads  or  public  works,  and  over   the 
waters  of  ths  State,  and  along  and  parallel  to  any  of 
the  railroads  in  this  State,  provided  the  ordinary  use  of 
such  roads,  works,  railroads  and  waters  be  not  thereby 
obstructed,  and  along  the  streets  of  any  city  or  town, 
with  the  (consent  of  the  council  or  trustees  thereof,  and 
such  companies  shall  he  entitled  to  the  right  of  way 
ooer  the  lands,  privileges  and  easements  of  other  per- 
sons and  corporations,  and  the  right  to  erect  poles, 
piers  and  abutments  necessary  for  constructing,  work- 
ing, and  maintaining  their  lines,  upon  making  just 
compensation  therefor ;  that  when  such   telephone  or 


269 


in  this 
be  suffi- 

require 
I.  Any 
»all  pay 
or  more 


[nia, 

i. 


re- 


\'  irginia. 
I  Code  of 
cled  and 

3  or  tele- 
of  such 
1  Works, 
;elegrapli 
or  by  an 
truct  and 
tiy  of  the 
over   the 
)  any  of 
try  iisp  of 
:  thereby 
or  town, 
reof,  and 
t  of  way 
iher  per- 
zct  poles, 
ng,  iDork- 
klng  just 
sphone  or 


telegrapli  company  shall    fail    in   application  therefor, 
to  secure  by  contract  or  agreement    snch   right  of  way, 
for   the  purposes   aforesaid,  ove  •   the   lands,  privileges 
or  easements   of  another  person  or  corporation,   com- 
missioners   shall    be    appointed,    and    shall    act   with 
the   powers  as   provided   in   Sections   seventeen,  eigh- 
teen,   nineteen    and    twenty,    of    Chapter    fifty-six    of 
the    Code    of     eighteen     hundred    and    seventy-three, 
which     said    sections     jre    hereby    made    applicable 
to   this   Act,    and    the   term    "land"    in   said    Section 
of  said   Chaiiter  fifty-six,    of   said   Code    of    eigliteen 
hundred  and  seventy-three,  shall  beheld  to  embrace  and 
include  an  interest,  use,  privilege  or  easement  in  or  over 
land  ;  and  such  persons   or  companies  may  make  rea- 
sonable charges  on  messages  or  intelligence  tiansmilted 
by  such  telephone  or  telegraph.      But  no  company,  op- 
erating under  the  provisions  of  this  Act,  shall  have  the 
power  to  contract  with  any  owner  of  land  or  any  other 
corporation   for  the  right  to  erect  and  maintain  a  tele- 
phone or  telegraph  over  his  or  its  land,  privileges  or 
easements,  to  the  exclusion   of   the  lines  of  other  com- 
panies operating  under  the  provisions  of  this  Act. 

2.  This  Act  shall  be  in  force  from  its  passage. 


[CERTIFICATE.] 
Offick  Kkepkr  of  the  Rolls  of  ViuoiNiA : 

I,  P.  H.  McCaull,  Clerk  of  the  House  of  Delegates 
and  Keeper  of  the  Rolls  of  Virginia,  do  h'.-reby  certify 
that  the  foregoing  Act  of  Assembly,  passed  by  th*?  Gen- 
eral Assembly  of  Virginia,  entitled  an  Act  "To  amenO 
and  re-enact  Section  1,  Cliapter  05,  of  the  Code  of  1873, 
in  relation  to  Telegraph  Companies,"  is  a  true  copy  from 
the  Rolls  in  my  office.  Given  under  my  hand,  at  my 
office,  at  the  City  of  Richmond,  State  of  Virginia,  this 
the  14th  day  of  February,  1880. 


P.  H.  McCAULL,  Clerk. 


■K\ 


^<i 


xi 


1! 


270 

House  of  Dklkoates  &  Keki'ku  of  Rolls  of  Yiuginia. 

Commonwealth  okYiiigixia. 

I  Fivd.  W.  M.  Holiday,  Governor  of  the  Coninion 
wealth  of  Vir^nnia,  certify  that  P.  U.  McCaiill,  whose 
name  is  signed  in  the  within  copy  of  an  Act,  bearing 
date  the  14th  day  of  February,  1880,  is,  and  was  at  the 
time  of  signing,  Cl'^rk  of  the  House  of  Delegates  and 
Keeper  of  the  Rolls  i>f  Virginia,  duly  elected  and  quali- 
iied  ;  that  he  is  author;  d  by  the  laws  of  this  State  to 
make  and  sign  such  copies  of  Acts,  and  that  to  all  his 
official  acts,  full  faith,  credit,  and  authority  are  due 
and  ought  to  be  given. 

In  testimony  whereof,  I  have  hereunto  set  my  hand 
as  Governor,  and  caused  the  Great  Seal  of 
the  State  to  be  affixed.  Done  at  the  City 
of  Richmond,  this  fourteenth  day  of 
February,  A.  D.  1880,  and  in  the  one 
hundred  and  fourth  year  of  the  Com- 
monwealth. 

■ FUED.  W.  M.  Hollidav, 

■^  Governor. 

By  the  Governor. 

T.  T.  Faunteliioy, 

Sec'y  Gom.  and  Keeper  of  the  Seals. 


Tlie       : 

:  Groat    St'iil: 

:    of  the    : 

;   8tatc    of    ; 
:    Virginia, 


VIRGINIA. 


ACTS  OF  ASSEMBLY,  1881-82. 


CHAPTER  162. 


Bkc.  1. 


An  Act  to  tax  telegraph  companies  for  county  and  school 
purposes. 
Be  it  enacted  by  the  General  Assembly,  that  it  shall 


271 


lUGINIA. 
[NIA. 

Joninion 
11,  whose 
;,  bearing 
as  at  the 
jiites  and 
lul  qiiali- 
i  State  to 
to  all  his 
r  are  due 

my  hand 

'at  Seal  of 

t  the  City 

;i    day  of 

the    one 

the  Com- 


be lawful,  and  authority  is  hereby  given  to  the  super- HoaM.fBup.r- 
visors  of  a   county,  to   levy  a   tax  on  the  real  and  per-    rized  to  tux 
sonal  property  of  telegraph\-<)mi.anies,  whose  lines  pass    \;;^^^^ 
tlirousrii  such  counties.      Sued  tax  shall  be  the  same  as    c.mnty   pur- 
that  imposed  upon  other  pvop^T*  v  for  county  and  school    i'"^""- 
purposes,  and  based  upon  certified   extiacts,  which  the 
aiulitor  of  public  accounts  is  hereby  directed  to  furnish 
to  the  supervi.-sors  of   the  counties   severally  interested, 
from  the   leports  and   assessments  of   the  property  of 
telegraph  companies  on  file  in  his  office. 

All  acts  and  parts  of  acts  in  conflict  with  this  act  aresE.-.a. 
h  reby  repealed. 

This  act  shall  be  in  force  from  its  passage. 


Skc.  3. 

Commence- 
meiit 


lAV, 

ovemor. 


and  school 
hat  it  shall 


WASHINGTON. 


CODE  AND  APPENDIX,  1S81. 


Si('.  8312. 
Sec;.  '.'3«3. 
Sec.  23tt. 
8bO.  2315. 
Skc.  2.')16. 
SkC.  8:)47. 
SkC.  23>8 
Sec.  SiJia. 

Sec.  2350. 
SKC.  2.351. 
Skc.  ZISS. 
Sec.  2.353. 

8eC.  2.354. 


Se(^  2355. 
See.  3256. 
Sec.  2.357. 
Sec.  ;il58. 
Sec.  2360. 


Sec.  2861. 


CHAPTER  CLXXVI. 

Telkguaimiic  Messaoks. 

Divulging  telegram  or  altering  same  proviso,  i>uniali- 

able.  . 

Sending  or  delivering  false  or  forged  message,  with 

intent  to  deceive,  pnnishable. 

Using  information   fraudulently  obtained,  a  miiivie- 

meanor. 

Yov  neglecting  or  refusing  to  transmit  or  deliver  mes- 
sage. 

Penalty  fur  other  than  telegraph  employees   oponnig 

sealed  letters. 

Penalty  for  clandestinely  obtaining  purport  of   tues- 

sage. 

Bribery  of  agent  or  employee  of   telegraph    C(  nipany, 

punishable. 

Penalty  for  malicious  destruction  of  poles,  '■',!-  :s,  in- 
sulators, &c.,  or  delaying  messages. 

In  addition  to  penalties,  action  for  damages  given. 
Employees  exeu.pt  fiv  .  military  and  jury  service. 
Contracts  by  teleg- .ii>ii  dormied  to  be  in  writing. 
Notices  by  telegrapii,  il"  lo.^ved,  deemed  actual  no- 
tice. ,        -H 
Powers  of  attorney  may  be  sent  by   telegraph   with 
full  force  and  effect  to  be  of  inima  facie  evidence  and 
may  be  admitted  to  record. 

Of  checks,  due  bills,  notes,  «&c.,  drawn  by  telegraph. 
Of  writing  under  seal  and  acknowledged. 
Warrant,  &c.,  for  arrest  of  criminals. 
Of  service  by  in  civil  suits  and  proceedings. 
Stamp,  seal  or  device  of  company  in   this  Territory, 
may  be  tiled  with  secretary,  and  become  sole   property 
of  the  company. 

Order  of  transmission  of  dispatches,  in  the  order  re- 
ceived. 


m^ 


LAWS  OK  WKST  VIHUINIA. 


CODIS  1808. 


puriiah- 

re,  with 

miiivie- 

vev  mes- 

opojuug 

of   >!ies- 

iinpany, 

,'U't;;s,  i!i- 

fiveii. 
rvice. 

>ig- 
ctual  110- 

iph   with 
ence  and 

legraph. 


rerritory, 
property 

order  re- 


ClI AFTER  34. 

Or  Insurance,  Tklixjkapii  and  Expukss  Companiks. 

*  *  * 

7.  Every  **  telegraph  *  company  doing  business  in 
tliis  State  or  the  agent  or  agents  thereof  shall  .st'iiii-an- 
nually  make  re.turns  to  the  Auditor  as  follows  :  Pro- 
vided, That  where  there  are  several  agents,  of  any  such 
company  in  this  State,  the  returns  may  be  made  by  any 
one  of  them  on  behalf  of  all. 

*  *  * 

9.  If  the  returns  be  made  on  behalf  of  a  telegraph 
company  they  shall  show  the  gross  receipts  of  all  dis- 
patches or  messages  sent  and  received  by  such  company 
within  this  State,duriiig  the  period  to  which  such  returns 

^•«'''t^-  *  *  * 

11.  The  said  returns  shnll  be  made  within  twenty-one 
days  after  the  tirst  day  of  February  and  August  in 
every  year,  and  sliall  include  the  business  of  the  six 
months  preceiling  the  lirst  day  of  February  or  Ar  ist, 
and  any  business  omitted  in  a  former  period  The 
amount  only  m:iy  be  stated  iu  the  returns  witlb  r  the 
particulars,  unless  a  more  specific  rettiru  be  reqiiiivd  by 
the  Auditor.  The  returns  so  made  shall  be  verified  by 
the  affidavit  of  the  officer  or  agent  making  the  siune. 

13.  At  the  time  of  making  such  returns  by  uy  *  * 
*  telegraph  *  company,  the  officer  or  ag.nt  making 
the  same  nIkiU  pay  into  the  Treasury  of  the  State  a  tax 
of  four  per  cent,  on  tlie  gross  amount  of  the  receipis  for 
dispatches  and  messages  stated  in  the  said  return. 

15.  Every    '''    '^^     telegraph    *    company  doing  busi- 


ly, 
in 


i 


274 

npss  in  this  State  shall  by  power  of  attorney  duly  ae- 
toZlg  a  ana  authentieated  and  filed  by  the  con.rany 
in  the  oflie  of   the  Anditcr,  appoint  some  person  resu.- 
in<    n  this  State  to  accept  service  <.f  process  and  nctices 
i"A   is  S  ate  for  the  said  company  -,  and  by  the  same  in- 
sr  me"     shall   declare  its  co.^sent  that  servu-e  of  any 
!  oce      or  notice  in   this  State  on  tl.e  saul  at  orney  or 
h  r^eptance  of  service  endorsed  thereon  shall  Lave 
he   ame  effect  as  service  thereof  npon  the  company,  and 
themft.r  snch  acceptance  by  the  said  atto  ney  or  ser- 
vice upon   l.im,  shall  be   ecpdvalent  for  all  purposes  to 
service  on  his  principal. 

>/:  *  '^• 

U-.    As  lon<^  as  any  liability  of  the  company  in  tins 
State  mn    ns  nnsatisHed    no   revocation   of   any   such 
poveio     attorney  shall  be  of  any  effect,  nut.   after  a 
lkeno^ver   lo   some  „ther  person  res.d.ng  m  this  State 
nsbe  t^^Uby  thes.id<^^^^^^^  the   ofh<.   of    lie 

a'  d  tor  and  when  any  .uch  attorney  dies  or  res.gns,  the 
^      In  •  sl>allmnnediately  n.ake    a    -- appoin^ne 
^l   nie   the   evidence    thereof   ns  nforesud  untd  all  its 
liabilities  in  this  Slate  are  dischari^ed. 


WEST  VIRUIMA. 


ACTS  OF  1881. 


CHAPTER  17. 
TkleotvAPH  Lines,  etc. 


AnArttoamendclmpter54ofthe  Code  of  Wast^^^^^^^ 
Sin-a  and  to  repeal  chapter  08  of  the  Acts  of  1872-3. 
Any  railroad  conn.any  organized   under   this  chapter 
SEr.69.  ^''^i^l     .-,    ...    *     erect  and  operate  a  telegraph  line 

May  orert  amlniay  .     .  .„,.l     „„,!     nnprnttttlie 


lay  orect  ami  niay  ..       l     ,,n<1     (»nt»l'rttp  the 

operate  t..-       '         ,,ith  the  right  to  use,  coutrol  and   opeiate 

graph  liiiea.    ^"  '   ' 


275 


duly  ac- 
company 
liou  resid- 
id  lutices 
3  same  in - 
ioe  of  any 
■torncy  or 
diall  liave 
pany,  and 
iiey  or  ser- 
urposes  to 


same  along  rl.e  line  of  tl.eir  said   road   and   brandies 
and  .-oiinecting  with  any  of  their  said  works,  offices  and 
improvements. 


WEST    VIRGINIV. 


ACTS  OF  1882. 


(UIAPTKU    8.5. 


my  in  this 
any  such 
ntil  after  a 
II  this  State 
face  of  the 
resigns,  the 
ppointuieiit 
\intil  ail  its 


,f  WestVir- 
sof  1872-3. 

this  chapter 
elegraph  line 
1   operate  the 


I)o!iiost!C  inau- 
raiiec  ti'lo- 
trrapli  or  fx- 
press  t'oin- 
pnny  Jefliiwl' 


An  Act  to  amend  and  re-enact  chapter  34  of  the  Code  of 
West  Virginia,  concerning  insurance,  telegraph  and 
express  companies. 

Everv  insura.u-e,  t-legraph  or  expre-s  company   hav- s..j.i 
in.rjisVviuHpal  plaee  of  l.usi.i.>ss  in   this  State,  and  in- 
corporated bv  an  act  of    the  General  Assembly  ol  \  ir- 
oinia,  pass.Hl*  before    the    twentieth    day   of   .lune,   one 
Hiousand   eight   hundred  aiul  sixty-three,  or  hereteb.re 
or  hereafter  incorporated  under  and  pursmmt  to  any  act 
of   the   Legislature   of   this  State,    shall    be   deemed   a 
domestic   company,   and  every   other    insurance,    tele- 
.rraph  or  express  company,  a  foreign  company. 
"The  property  of  all   domestic   telegraph    «^n>paniessKac.^^^ 
shall  be  assessed  for  taxation  as  other  prope.ty  in  this    hown.ad..o| 
^tate      I5ut  the  stod^,  or  iicUes  of  sucli  companies  shall    5^,;-t.ain^o- 
not  be  assessed;  nor  shall  such  notes  or  any  part  of^^.-;-^   ^^ 
them  be  considered  apart  of   the  indebtedness  ot   the    tostocknotes 
makers  thereof  in  listing  their  property  for  taxation. 

Every  foreign  telegraph  company  doing  business  jnsKa^^^^^^^^^ 
th'w  State  or  the  agent  or  agents  thereof,  shall  annually  foreisn  com- 
make  returns  to  tlie  auditor  as  follows:  Provided  that  ;;-■««••- 
where  there  are  several  agents  of  any  such  company  in  makcammai- 
this  State,  the  returns  may  be  made  by  any  one  of  tliem    >y  to  auditor. 

in  behalf  of  all. 

If  the  returns  be  made  on  behalf  of  a  telegraph  com-  skc  b. 


i  I 


V 


m 


mt 


coinvony- 


.  .........!;"-:^i:,«^s  sent  .„a  v.;ceiv..a  .;y  -''^--SIT 


or  messaKesseniium  ...^.c...-  -v   .    ,  ,„  „,,:,,i,  ,,,,.i,  ,e. 
»ithii.  this  State,  auiiiig  tlie  peno.l  to  whidi  sucl. 

""n,Vti,rret,n„s  sl.all  W  .,a.le  .ithin  twenty...,,.. 
S:„".,.„  ..  aa       ,f       tl,o  Ihs.  a:,y  "f  F..'>.',a,y  i"  eve,.y  yea,-  a,,.l 
,„n,..,»n,..^»>»'       ,    ,     (1,^  ,,„„i„es»  or   tlie  twelve  moat  l,s  pie- 

''-'''r':?;t;"\:;'M.'™::n;rwun,,,:t^,e;;;:Miia,i; 

The  returns  so  inade  sluill  De  veuneu     3 
the  officer  or  agent  making  the  same. 

U  .hall  be  the  duty  of  the  an.  .r   0  0^^^^^ 


what    to    in 
'iluile. 
How  stated 


How  vfrifii'd- 


It  shall   De   cue  amy  ul    ...>.  "-"   - 

—""vision,  or  t.,i.  ci,apte,.  >'>^':,:;:rtr'^.:^J^^. 


BkC.  12. 
)utieB  < 
tor  us  to  this 


chapter. 


V  S  onS  Ot  tmS  CUaptei     tw    ...,    .     r    ,..»«  nn,l   vpcru- 

„ay,  t,-o,„  ,in,e  to  ,in,e,  1--"''  '^  ^i     tiltl^ 

t:^  oT  ::sra:es""  r;:r::n,it ., ,.,« a„,mor 

every  >'^^";'    ,f  ,  i^^.^^"    ^^t  district  as  are  r.^quired 
business Avithin  lus  cissehsiiicui. 

to  make  returns  as  aforesaid.  foreign 

At   the   time   of   malung  such  return  by  an>  toreign 

se.    i.  At   tne   mn-  "fK,.^.,.   or  a-ent  making  the 

Taxt..  b.  paid  J  ,(,,,,.., pii   comiiany,  tlie   oth(  ei    ''\/\f  "        „ 

by su.h com- '''"'"     \    „  „.,„  hifn  tiip  treasurv  ol  tlie  State  <i  tax  oi 

pLieH.        same,  shall  pay  into  tlie  nea       y  premiums 

infuii.of state  messages   sicue.  (.ompany  i)aying  such 

f:."™r:'"» :' «;f;:,:'^ ":  J  •; ;tru;e\eJ,,'o,,i,t  wiueh 

""""'•'■  W  b  fllrf  w  ?  ,e  aa.litov.  SLould  any  eon.pany 
-r.:',!:';^  i  -o  n":e  sn..i.  ,.ayn,ent  and  «'--' . --'i^^^  ;: 
„„„  J..J  ,i,„,s,,,,,inot  issne  to  sucli  co,n,.any  the  ceitthcate 
S.,:".:;.;:™!,;:,,:!!  in  ,.,«  thi,d  section  ot  tl,iscl,ap.e,.  so  long 
««»"'»-assucl,failuven,ayc<.ntin,,e,  ^^  ^^^^^ 

s.o^  u.  Eve,y  eo,npa„y  o,    .,gent   ' «'"'  J       1  ;,       ^„  3„ 

i.«„.,iyt"rt.ii-,^„,,.,,  ,,,.  iMvinentas  a(>,esa,a,  who  !.nai,ia"i' 
;„ton,.ke,et"'"<"    paj,»e'"    „,„,„  ,.„,,,,.„   shiill  fol' eit  not  less 
"Z-  return. or  knowin^ly,nalle  a  false  ,etu,n,  sii.ui 

or  pay  tax. 


277 


piitclies 
)mpaiiy 
m-M  re- 

iity-one 
3a  r,  and 
ths  pn^- 
uul  any 
mt  only 
tit-nlars, 
auditor, 
idavit  of 

the  pro- 
;,  and  he 
md  res;u- 
,  shall  be 
e  auditor 
)ruary  in 
nts  doing 
required 

ly  foreign 
\king  the 
!  a  tax  of 
Xneniiuujs 
tches  and 
shall  be  in 
ying  such 
e  of  which 
f  company 
eceipt,  the 
!  cortiticate 
ei ,  so  long 

I  to  make 
ail  to  do  so 
leit  not  less 


than  one  hundred  n(;r  more   than  one  thousand  dollars 
for  everv  su<'h  oirenst>. 

Every  foreign    lelegiai.h   company  doing   '"'^''"'^^  "'';^^,^;,,  „„, 
this   State   shall,  bv  powers  of  attorney,  duly  acknowl-    f,„.,..^,„  ..,„„. 
edged  and  authenticated   an.lliled  by  the   company  in    .;-;-•;; 'M'; 
the  office   of   the  auditor,  appoint  some  person  residing    t„,,„.y i„ fact 
in  this  State  to  accept  service  of    process  and  notices  in    ;;;^';.;;;^^ 
this  State  for  the  said  company  ;  and  by  the  same  in-    ^j,,.,  „t  ^„^. 
strument   shall    declare   its  consent  that  service  of  any    ce«B.etc. 
process  or   notice  in   this  State  on  the  said  attorney  or 
liis  accei)tance   of   service  thtsreof    upon    the   company, 
and  thereafter  such   accej)tance   by  the  sai'l  attorney  or 
service   upon   him   shall  be  equivalent  lor  all  purposes 
to  service  upon  his  principal.  ^^^^^ 

As  long  as  any  liability  of   the  company  in  this  State  „;;^^.  ,^,;,^,  ^„,.^ 
remains  unsatislied  no  revocation  of  any  such  powers  of    im.ww- .,.  at. 
attorney  shall  be  of  any  elfect   until  after  a  like  power   ;;;^  j;;;;';; 
to   some  other   pers(m   residing  in   this  State  has  been    iv. 
filed  by  the  said  company  in   the  office  of   the  auditor. 
And  when  any  such   attorney  dies   or  resigns  the  com- 
pany shall   immediately  make   a   new  ai)pointment  and 
tile  the  evidence  thereof  as  aforesaid  until  all  its  liabili- 
ties in  this  State  are  discharged. 

A  co])y  of  any  such  jjower  of  attorney  certified  by  thesKo.^17^^  ^^^^ 
auditor 'under  his  hand  shall  be  received  in  all  Courts '''Jf'°,P°„';;,^' 
and  places  as  prima  facie  evidence  of  the  execution  and  j^"  J'^'.^>^_^'|.««'' 
contents  of  such  instrument.  The  auditor  may  de-  p^.^;  ^^  auditor 
mand  for  such  copy  from  the  person  applying  therefor  forjopy  of 
a  fee  at  the  rate  of  fifteen  cents  for  every  hundred 
words. 

All  acts  and  parts  of  acts  coming  within  the  l'^^"^'^^^'"^°"^.^'^'j"j' 
of  this  act  and  inconsistent  therewith  are  hereby  re-  ««^"*''^r'="e  • 

pealed. 
Approved  March  24,  1882. 
[Note  by  the  Clerk  of  the  House  of  Delegates.] 
The  foregoing  act   takes  effect  at  the  expiration  of 

ninety  days  after  its  passage. 


y]' 


27H 


LAWS  OF  WISCONSIN. 


ClIAPTKR  185. 


p.  1076. 

SKCTioN  4r,r,8.     Any  pev.son  who  shall,  by  any  .levirn 
„u.  whatsoever,    procure  or  ati   .npt  to  proeu  e 
fn.manv  officer  or  other  person  connecte.!  w.th  or  in  the 
ness  or  n.ana.en.ent  of  any  telegraph   company 
t  a  "u.tin«  business  within  this  State,  any  knowle.lge  ot 
;    con    n^s  or  substance  of  any  telegraph  message  or 
des,  a    h  not  addressed  to  hin.self  or  to  which  he  ,s  no 
Sle a   or  who  shall  without  lawful  authority,    a.nper 
^^:^v.  with,  use,  or  in  any  manner  intentu.nally 
sb  or  interrupt  any  telegraph  wires  or  hues  ol  any 
sua" telegraph  company,  or  who  shall  without  the  c.n- 
sntoTsuch  company  send  or  atten.pt  to  send  any  n.es- 
'nt  or  despatch  over  said  wires  or  lines,  ,n  any  n.anner 
vl^te  er,  or  shall   intercept,  interrupt,  or   disturb  any 
lesatch  passing  upon  any  such  wires  or  lines,  shall  be 
nunshei  by   iinprisonment  in  the  county  jail  not  n.ore 
C  one  ye'ar,  ol  by  tine  not   exceeding  one  thousand 
dollars. 

SKC  45.59.  Any  person  having  the  right  so  to  ao, 
who  sliall  remove  or  change  any  building  or  other  struc^ 
U  e  o  any  timber,  sta.iding  or  fallen,  to  which  any 
Xn  Pl^  1  nes  or  wires  are  in  any  manner  attached,  or 
c^use  t  le  same  to  be  done,  which  shall  destroy  distu  b, 
or  njure  the  wires,  poles  or  other  property  of  any  tele- 
° -aph  con.pany  transacting  business  in  this  State,  w  ti- 
nt first  chiving  tr  such  company  at  its  ofiice  nearest 
to  such  pFace  of  injury  at  least  twenty-four  hours  previ- 


,'  device 
)r()(nire, 
>i-  ill  tlie 
inpiiny, 
ledge  of 
ssMge  or 
I.'  is  not 
,  tiimper 
itionally 
s  ol"  liny 
the  eon- 
;iny  ines- 
j  nuinner 
turb  any 
,  shall  be 
not  more 
thousand 

so  to  do, 
lievstruc- 
hich  any 
a  died,  or 
,  disturb, 
'  any  tele- 
ate,  with- 
;e  nearest 
urs  i^revi- 


y75> 

ousnolicetlierei.r.  shall  !..■  p""'^'"'''  '^^'  i'lil-nsnunieiit 
in  the  coimty  jail  nnt  nicn-  ihaii  thirty  (hiys,  or  by  line 
not  i'xceedini;'  lil'lv'  ilollars. 

Sk<\  i77H.  Any  eor|>niali<>ii  rornifd  under  this 
chapter  lu  build  and  operate  lele-raph  lines  or  .•..ndnei 
the  business  of  teleKnipliin.i?  may  (-(.nstruet  and  maintain 
any  sueli  lines,  with  al.  necessary  appurtenances  from 
point  to  point,  np..n  or  ah.ng  or  acioss  any 
public  road,  hiuhway  ..r  bridf^e,  or  any  stream  or  body 
of  -    '  upon    thr   land    of  any    owner   consenluiK 

the,    ,o,  and  fi(»m  time  to  time  extend  the  same  at  pleas- 
ure ;  and  may  connec  t  and  operate  its  lines  with  Ihe  lines 
of  anv    person,  company,   or  corporation    without    this 
State'-  and  clK-rge  reasonable  tolls    for  the  transmission 
and  delivery  of  inessaues.     Uut    no  such    telegraph  line 
or  any  api»Inlenance  thereto  shall  at   any  lime  obstruct 
or  incommode    th.'    public    iis(>   of  any   n.ad,  highway, 
brid-v,  stream,  or  body  of  water.      When.-vr  the  use  ol 
any'snch  line  shall   be  abandoned    or   discontinued,  the 
proper  corpora tirm   shall    forthwith    take  down  ami  re- 
move all  wires,  posts   or   oth.-r   arth'les  ;  and  on  failure 
for  three  im.nths  after  such  abandonment  or  discontinu- 
ance so  to  do,anv  person  owning  land  near,  over  or  upon 
which  smdi  line  shall  pass  may   take   down  and  remove 
the  same  or  any  part  thereof  for  his  own  use. 


WISCONSIN. 


LA  W8  OF  1881. 


CHAPTEll  102. 


An  Act  to  amend  Section  45.')8  of  the  Revised  Statutes, 

entitled  Telegraphs. 

The  People  of  the  State  of  Wisconsin,  represented  m 
Senate  and  Assembly,  do  enact  as  follows  : 


_._ii^ 


i 


280 

Section  four  (liousand  live  linixhed  imd  llfty-eif^ht,  of 
the  Revisevl  Stiitutes,  is  hereby  jimeiKh'il  m  us  to  read 
as  follows  : 

H«c.>.  Skc.  innH.   Anv  iMTHon   who   shall    hy  any  device  or 

^;«\niui'..t'ry'">*^'>»«   whatever,  procure  or  attenij.t  to  procure,  from 

o  I.I  ai  111  UK  any  officer  or  other  person  connected   with   or  in   the 

teT«r.un"'l)n8iness   or   inanaKt'inent    o[    any    tel.-,aph    company 

.iiKturbiiiKt,..^„j,.,,.(ii,g  business   within  this  State,  any  knowled^'e 

wire..eto.     ^^^  jj^^  contents  or  substance  of  any  telegraph    messa^M- 

or  dispatch  not  addressed  to  himself,  or  to  whicli  h'J  is 

not  entitled,  or   who  shall    without  lawful   authority 

tamper  or  interfere  with  the  use,  or  in  any  manner  in- 

tionally,  carelessly  or  nef,digently,  disturb   or  Interrupt 

any  telegraph  wires  or  lines  of  any  such  telegraph  com- 
pany, or  who  shall  intentionally, carelessly  or  negligently 
fell  any  tree  or  timber,  so  as  to  break,  destroy  or  injure 
any  such  telegraph  wires,  without  first  giving   twenty- 
four  hours  notice  of  his  intention  to  do  so,  to  some  ag.'nt 
of  the  company  at  its  nearest  office,  or  to  some  agent  of 
a   railroad    company  at  its   nearest   office,  in  case  such 
wires  are  constructed  along  any  railroad  ;  or  who  shall 
without  the  consent  of  such  company,  send  or  attempt 
to  send  any  message  or  despatch   over   said   wires  or 
lines  in  any  manner  whatever,  or  shall  ii.rercept,  inter- 
rupt or  disturb  any  despatch   passing  Uj)on  any  such 
wires  or  lines,  shall  be   ])unished  by  imprisonment  in 
the  county  jail  not  more  than  one  year,  or  by  fine  not 
exceeding  one  thousand  dollars. 

This  act  shall  take  efTecl  and   be  in  force   from  and 
after  its  passage  and  publication. 

Approved  March  23,  1881, 
Published  March  24,  1881. 


i'i<i;lit,  of 
to  iviul 


levice  or 
ire,  from 
V   ill    the 
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message 
icli  li'j  is 
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apli  coin- 
'i;lij,'('iitly 
or  injure 
;   tweiity- 
)iTie  asjfent 
(  ajft'iit  of 
rase  such 
who  shall 
•  attempt 
wires  or 
Bpt,  inter- 
any  such 
)nment  in 
y  fine  not 


from  and 


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IMAGE  EVALUATION 
TEST  TARGET  (MT-S) 


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Photographic 

Sciences 
Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


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Microfiche 

Series. 


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Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproducticns  /  Institut  Canadian  de  microreproductions  historiques 


281 


WISCONSIN. 


LA  rr>s'  OF  1882. 


CHAPTER  19G. 


An  Act  reliitiiifi;  to  telephone  companies,  and  to  regulate 

the  use  and  rental  of  telephones  in  this  State. 

The  People  of  the  State  of  Wisconsin  represented  in 
Senate  and  Assembly  do  enact  as  follows : 

It  shall  be  the  duty  of  every  telephone  company,  orsK..  i. 

-^       .  T    •       .^  1         1         •  f  Hentnl  of  tcle- 

person,  firm  or  corporation,  engaged  in  the  business  ol    p,^„„g„ 
leasing   telephones   to   the    public,    or    supplying    the 
public  with  telephones  and  telephone  service,  or  opera- 
ting a   telephone  exclu.nge,    to   receive   and    transmit 
without   discrimination,    messages  from   and    for   any 
other  company,   person   or   persons,    upon    fender    oi 
payment   of   the  usual   or  customary  charges  therefor ; 
and  upon  payment  or  tender  of  the  usual  or  customary 
charges   therefor,  or  usual  or  customary  rental  sum,  it 
shall   be   the   duty   of    every   telephone  company,    or 
persons,  firm  or  corporation,  engaged  in  the  business  of 
leasing   telephones   to   the   public,    or    supplying    the 
public  with  telephones  and  telephonic  service,  or  oper- 
ating a  telephone  exchange,  to  furnish  vvithout  unreas- 
onable delay,  without  discrimination,  and   without  any 
further  or  additional  charge  to   the   person    or  firm  or 
corporation  applying  for  the  same,  including   all    tele- 
graph companies,  a  tt.'lephone  or  telephones  v;ith  all  the 
proper  or  necessary  fixtures,  as  well  as  connectit)n  with 
the  central  office  or  telephone  exchange  if  desired,  and 
shall  connect  the  telephone  of  such  person,  firm  or 
corporation,  with  the  telephone  of  any   other  person, 
firm  or  corporation  having  a  connection  with  the  same, 
or  a  connecting  exchange  or  centtal  offic-e  ;  whenever 
required  so  to  do  without  regard  to  the  chaia(!ter  of  the 
messages  to  be  transmitted,  provided  they  are  not  ob- 


JJi 


os'J 


Sbi'.  2. 


scene  or  profane;  ami  every  I  "rson  or  corporation 
nef^lectino-  or  relusing  to  comply  witli  any  of  tlie 
j.rovisions  of  this  act.  sliall  forfeit  not  less  than  twenty- 
hve  nor  nun-e  than  one  hnmlred  dollars,  for  each  ami 
every  day  such  nej^lect  or  lefusal  slia'.l  continue,  one- 
half  to  the  use  of  the  person  or  corporation  prosecuting 
tlierefor. 

This  act  shall  take  elTect  and  bf  in  force  from  and  af- 
ter its  passage  and  publication. 

Approved  March  2:^  188-i. 

Published  March  28,  1882. 


WISCONSIN. 


LAWS  OF  X^'f^'-l    Continued. 


CHAPTER  320. 


An  Act  to  provide  for  the  assessment  and   taxation  of 
the   pr(  perty  of  Telegraph  Comi)anies  in  this  State, 
and  to  amend  Section  121G,  of  the  Revisinl  Statutes. 
The  people  of  Wisconsin   represented  in  Senate  and 
Assembly,  do  enact  as  follows  : 

Any  person,    company,   or    corporation    owning   or 
JJ^ense  to  be  operating  any  line  of  telegraph  within   this  Stat-,  shall 
obtained.      (,|,tjun  a  Hceuse  therefor  at   the  time  and  in  the  manner 
provided  in  this  act ;  such  license  shall   be  applied  for 
on  or  before  the  first  day  of  May  in  each  year  ;  applica- 
tion tlierefor  shall  be  made  to  the  State  Treasurer. 
SK.:,2.  Any  person,  company  or  corporation  owning  or  op- 

u,.port  to  iip^,w,f,,ijr  any  telegraph,  line   within   this  State,  shall,  at 
'"'''^'  the  time  of  applying  for  such  license  in  each  year,make 

or  i-eport  in  writing  to  the  State  Treasurer,  duly  veiified 
by  such  person  or  by  the  president  or  managing  officer 


28'< 


rorponition 
ii.y  of  tlie 
Kin  twt'uty- 
)!•  encli  iuid 
itinuc,  one- 
piosecutiiig 

•om  ami  nf- 


taxiitiou  of 
n  this  State, 
d  Statutes. 

Senate  and 

owning   or 
s  Stat",  sliall 
a  the  manner 
^  applied  for 
ear;  applica- 
easnrer. 
i'ning  or  op- 
tate,  shall,  at 
i3l>  year, make 
duly  veiified 
nasing  officer 


of  such  cori.oration,  which  report  shall  be  in  such  form 
as  the  State  Treasurer  may  prescribe,  and  shall  accur- 
ately and  truthfully  slu.w  the  following  facts  : 

1.  The  number  of  miles  of  telegraph  line  owned  or 
operated  bv  the  i>erson,  company  or  corporation 
so  making  application  f<'V  license,  and  the  num- 
ber of  miles  of  such  line  that  are  within  this 
State. 

2.  The  number  of  wires  employed  on  each  division 
ot  such  line,  and  the  aggregate  number  of  miles 
of  single  wire  owned  or  operated  by  such  person, 
company  or  corporation  in  this  State. 

',i.  The  nund)er  of  offices  maintained  within  this 
State  by  such  pevsim,  company  or  corporation. 

4.  A  detailed  statement  of  the  number  and  value  of 
the  various  implements  and  other  jjropi'rty  used 
or  employed  in  ccmstructing,  repairing  or  carry- 
ing on  such  line. 

f).  The  proporticm  of  such  indebtedness  whi(-h  is 
equitably  and  justly  chargeable  to  the  lines  with- 
in the  State.  ' 

0.  A  careful  statement  of  the  exact  cost  of  the  line 
or  lines  owned  or  operated  within  this  State  by 
the  person,  company  or  corporation  applying  for 
such  license. 
7.  Any  other  facts  or  figures   relating  to  the  busi- 
ness or  management  of  such    telegraph   line  or 
lines   that  may  be  required  by  the   State  Treas- 
urer. 
Upon  exatnining  the  report  of  any  such  pers(>n,  «<>"'--;^^_.^^^ 
pany  or  corporation,  the   State  Treasurer   shall,  it    lie    .i.^nusuea 
timl'such  report  in  conlormily  to  the  laws  of  this  State,    ikense. 
issue  to  the  person,  compiiny  or  corporation  so  making 
such  report,  a  license  to   operate  such   telegiaph    line 
or  lines  for  the  calendar  year,  commencing  on   the  pre- 
ceding first  day  of  January,  and  terminating  on  the 


Sec.  4. 
License  foe. 


SKC.  5. 


Skc.  B. 


284 

thirfy-lirst  (Iny  of  December  next  snoceedins;  such  li 
CfiiSH  sliiill  by  its  terms  be  conditioned  upon  the 
j)romi)t  i)aynient  of  the  licenst;  fees  imposed  by  this  ret. 
Upon  failure  or  negh'ct  to  i)ay  such  license  fees,  at  tlie 
time  tixed  by  tliis  a(;t  for  the  payment  of  the  same, 
such  license  shall  teiniinate  iniiiUMliutely  ;  and  for  such 
unpaid  license  fees,  the  State  of  Wisconsin  sliall  have  a 
lieu  upon  all  the  telej^raph  lines  and  appurtenances 
owned  or  o[)erated  by  sucli  delinquent  pt»rsons,  com • 
pnny  or  corporation,  and  tlie  Attoriu^y-General  shall,  in 
such  case,  proceed  by  action  at  law  to  collect  such 
fees. 

Any  person,  company  or  coiporation  owning  or  op- 
erating any  line  or  lines  of  telegraph  within  this  State, 
shall  annually  pay  to  the  State  Treasurer,  on  or  befoie 
the  lirst  day  of  June  in  each  year,  a  license  fee,  as  fol- 
lows:  For  any  such  i)erson,  company  or  corporation 
for  the  iiist  wire,  one  dollar  i)er  mile;  for  the  .second 
wire,  fifty  cents  per  mile  ;  for  the  third  wire,  twenty- 
live  cents  per  n)ile,  and  for  the  fourth  and  all  ad- 
ditional wires,  twenty  cents  per  mile. 

Section  1210,  of  the  Revised  Statutes,  and  all  acts 
and  parts  of  acts  conflicting  with  the  provisions  of  this 
act,  are  hereby  rei:)ealed. 

This  act  shall  take  effect  and  be  in  force  from  and  af- 
ter the  first  day  of  January,  a.  d.,  1883. 

Approved  March  30,  1882. 


WISCONSIN. 


LA  TF^  OP  1883. 


Skc.  1. 
Shall    i>ay 
ceuse. 


CHAPTER  345. 


An  Act  to  License  Telephone  Companies. 
The  People  of  the  State  of  Wisconsin,  represented  in 
Senate  and  Assembly,  do  enact  as  follows  : 
Every   person,   company,   association,  or  corporation 
"■  engaged  in   this  State  in   the  business  of  transmitting 


285 


ng ;  such  li 
upon  t\w 
by  this  ret. 
'  fees,  at  tlie 
[  the  same, 
iiul  for  such 
sliall  have  a 
purteuances 
ersons,  com  ■ 
eial  shall,  in 
collect  such 

'uing  or  op- 

i   this  State, 

m  or   before 

$   fee,  as  fol- 

corporation 

the  second 

ire,    twent\'- 

ancl   all  ad- 

anil  all  acts 
sions  of  this 

from  and  af- 


anies. 
si^resenled  in 

r  corporation 
transmitting 


messages  by  telephone,  or   of  renting,  letting,  or  keep- 
ing telephone  instruiiienls,  wiies  and  batteries,  or  either, 
for  hire,  shall,  on  oi-  before  tlie  lOth  day  of  February  in 
each  year,  make  and  return   to   the  State  Treasurer,  in 
such  form  and  upon  siu'li  blanks  as  shall    l)e  furnished 
by  him,  a  true  statement    of   the   gross  receipts  of  such 
person,    company,    association   or    corporation    during 
each   year  ;  which   statement  shall   be  verified   by  the 
president,  secretary   and    treasurei    of   such   company, 
aeeociation  or  corporation,  or  of  the  pers(m   so   letting, 
renting  or  keeping   telephones,  wires  and  batteries,  or 
either,  f(U-  hire,  otherwise   by    the  oath   of  two   of  the 
principal  officers  of  such   company,  association   or  cor- 
poration.    The  statement   herein   required  for  the  year 
1883,  may  be  returned  on  or  before  thelirstday  of  June, 

1883. 

Every  such  person,  company,  association  or  corpora-SK-.s. 
tion  shall,  upon  returning  such  statement,  apply  for  a»'"« ^""^''"''^ 
license  to  carry  (>n  such  telephone  business  within  the 
State,  and  shall  pay  the  license  fee  therefor  i)rovided, 
in  the  next  section,  and  thereupon  shall  receive  from 
the  State  Treasurer  a  license  to  carry  on  sucli  business 
for  the  calendar  year  commencing  on  the  lirst  day  of 
January  preceling,  and  ending  on  the  succeeding 
thirty  first  day  of  Ddceinber,  unless  sooner  revoked. 

The  anniiaf  license   fee  provided  for  in  the  precedingSKr.3. 

...  ,.  .1  •     .    I'lT  centum   to 

section,  shall  be  one  (1)  per  centum  ot  the  gross  receipts  ^,.p,^ij. 
of  the  business  within  the  Stale. 

If  anv  sui^h  person,  company,  association  or  corp()ra-si:c.4. 

"  ,.  1  ji        I  1         •  :.>^i:oi.i.  IVnnltv  for  noil. 

^  tion  engiiged  m  the  tele[)lione  business  in  this  Slate,  ,.„,„j.,ia„f., 
shall  n'^glcct  to  obtain  such  license,  or  pay  such  license  witi,  the  law. 
fee  or  any  part  thereof  as  hereinbefore  provided,  such 
person,  company,  association  or  corporation  shall  ab- 
solutely forfeit  to  the  State  the  sum  ol  live  tliousaiid 
dollars  ($5,000),  to  be  recovered  in  an  aclion  brought  in 
the  name  of  ihe  State  ;  and  such  neglect  in  tlie  case  of 
association  or  corixnation  shall  also  be  a  caust^  of  for- 
feiture of  all  the  rights,  privileges  and  franchises  under 
which  such  business  is  carried   on,  whether  granted  by 


'\n 


286 


S  !■.'•.  5. 

|,i ISO  fee 

l)e  ill  li<'U 
all  liixfs. 


Skc.  0. 
Attest. 


special  charter  or  obtainod  under  laws,  or  exis.ng  by 
conuty   in  foreign   corporations.      And   the  Attorney- 
General  shall,  uponsucl.  neglect,  collect^  by  actum  the 
pecuniary  loi'feiture  herein   imposed,  and   also  proceed 
Jo  have  such  rights,  privileges  and  franchises  duly  d.  • 
clared  forfeited.     Any  association  or  ^ovvov^txon^^i 
any  time  before  linal  judgment  of   forfeiture  of  such 
rights,  privileges  and  franchises  is  rendered,  may  be 
permiUed  to  make  the  returns  and   pay  the   license   lee 
herein  provided   for,  upon   special   application   to   the 
irvl  in  which  the  acti.m   to  declare  such  Crfeiture  is 
pending,  upon  such  terms  as  the  Court  shall  direct. 
^  The  payment  of  the  license  fee  hereinbefore  provided 
^"for    shal'l  be  in  lieu  of  all  taxes   for  any   purposes 
"\authori/.ed  by  the  laws  of  the   State,  except  taxes  upon 
such  real  estate  as  may  be  owned  by  «";" V^^,7;;;;;;  ", 
pany,  association  or  corporation   winch  is  in  anywise 
used  in  the  prose(Mition  of  su-h  telephone  business. 

The  licens^  herein  providetl  for  shall  certify  to  he  fact 
of  the  payment  of  the  license  fee,  to  be  attested  by  the 
%^^t^^.s.er.e^  thereto  affixed,  and  shall  be  m  such 
form  as  shall  be  approved  by  the  Attorney-Cxeneral. 

This  act  should  take  elfect,  and  be  in  force  trom  and 
after  its  passage  and  publication. 
Approved  April  4,  1883. 


2S7 


r  existing  by 
le   Attovney- 
)y  action  the 
also  proceed 
ises  duly  de- 
rporation,  at 
ituiv  of  such 
ered,  may  be 
e   license   I'eo 
latiou   to   the 
L  forfeiture  is 
ill  direct, 
fore  provided 
xny   purposes 
>t  taxes  upon 
L  person,  corn- 
is  in  anywise 
business, 
ify  to  tlie  fact 
tested  by    the 
hall  be  in  such 
y-General. 
"orce  from  and 


WYOMING. 


COMPILED  LAW^  OF  18(50. 


CIIAPTKR  '^A. 


('olU'oUA'I'loNS. 


An  Act  to  Crente  iuid  lleo-ulule  Corijoralioiis. 

Be  it  enacted  by  the  (Council  iiiid  House  of   Uepreseiita- 
lives  of  the  Territory  of  Wyoiuitig. 

Tiri,K  I. 

Whenever  any  thr-e  or  more  persons  assoclute  under skc  as. 
the  provisions  of  this  .'irlich',  to  form  a  coniiKiny  for  the  '''''■k''»i''''""''' 
purpose  of  constructing  a  lintM)r   linns  of    iuiignetic   tel- 
egraph in  this  Territory  their  certilicate  shall  sjjecify  as 
follows:     The    termini   of  such   line   or  lines,  and  the 
counties  through  whi(;h  they  shall  pass  ;  and  such  cor- 
poration is  iierebyautliori/ed  to  construct  said  telegraph 
line  or  lines  from  point  to  point,  along  and  upon   any  of 
the  public  roads,   by  the  erection  of  the  necessary   fix- 
tures, including  posts,  piers   and   abutments   necessary 
for  the  wires  :     Provided,  That   the  same   shall   not  in- Proviso, 
commode  the  public   in  the  use  of  said   roads  or  high- 
ways. 

Any  company  formed  upon  the  provisions  of  this  actsEc.:i9, 
for  the  purpose  of  constructing  any  *  *  *  *  * 
telegraph  line,  shall  within  ninety  days  from  the  date  of 
their  certificate  commence  work  on  such  *  *  *  *  * 
telegraph  line  as  shall  be  named  in  the  certificate  and 
shall  prosecute  the  work  with  diie  diligence  until  tlu; 
same  is  completed,  and  the  time  of   the   completion   of 


'28^ 

any  snch  ******  telegraph  line  shall  not 
extended  beyond  a  period  of  two  years  from  the  time 
WDrk  was  commenced  as  aforesaid,  and  any  conipauy 
failing  to  commence  worl^  within  ninety  days  from  the 
date  of  certificate,  or  failing  to  complete  the  same  with- 
in two  years  from  the  time  of  commencement  as  afore- 
said, shall  forfeit  all  right  to  the  route  so  claimed,  and 
the  same  shall  be  subject  to  be  claimed  by  any  other 
company.  •^-  *  *  *  *  * 
Approved  10th  December,  1800. 


WYOMING. 


LA  WS  OF  1882. 


PeO. 1. 


CHAPTER  102. 

Telkpiione  and  Teleouapii  Pkopeuty. 

An  Act  to  protect  property   used  for   telephoning  and 
telegraphing. 

Be  it  enacted  by  the  Council  and  House  of  Represen- 
tatives of  the  Territory  of  Wyoming  : 

Wlioever  unlawfully   and  intentionally  injures,  mo- 
injuring    pro-  ,^^fj^  ^^  destroys  auy  building,  line,  wire,  post,  support, 
irSriSinstrument,  apparatus,    materials  or    property   of  any 
amiteiegraph-^^j^    j^„y   owucr  or  associuliou,  used  in  transmitting  in- 
ing,  penalty.  ^^„jf^^j^;.J  j^^  electricity  through  telephones  or  the  like, 
Hhalfforfeittotheuse  ofsaid   company,    owner  or  as- 
sociation treble  the  amount  of  damages  proved  to  have 
been  sustained  thereby,  to  be  recovered  in   an  action  in 
the  name  of  said  company,  owner   or  association,    and 
may  further  be  punished  by  tine  not  less  tlian  twenty- 
five  dollars  nor  more  than  live   hundred  dollars,    or  by 


280 


}  shall  not 
II  the  time 
y  coiupiJiy 
's  from  the 
same  with- 
it  as  af(jre- 
luimed,  and 
y  any  other 


impriaonmenf  in  tlie  county  jail  for  a  term  not  exceed- 
ing one  year,  or  both. 

That  chapter  108  of  the  Compiled  Laws  of  Wyomingsn;,  , 
Tt?rritory,  being  an  ant  to  protect  the  proi)erty  of  tele-  '^'''^'"'' 
graph  companies,  he  and  tliesame  is  hereby  repciiled. 

This  act  shall  take  elTect  and  be  in  force  from  andSK^-s- 
after  its  passage. 

Api>roved,  March  19,  1882. 


iUTY. 

)honing  and 
)f  Represen- 


iiijnres,  mo- 
ost,  support, 
icrty  of  any 
nsmitting  in- 
5  or  the  like, 
)wner  or  as- 
•oved  to  have 

an  action  in 
)ciation,    and 

than  twenty- 
ollars,    or  by 


290 


CANADA. 


LAWS  IIKLATING  TO  TKLE(i  KAPU  COMl'AI^lES. 
AN  Act  ukspectinu  Elkctui.  Tklkuuai'H  Companiks. 

UEll  MA.IKSTY,  by  and  with  the  aavice  ^f^^^ 
oiL  Legislative  Council  and  Assembly  of  Canada, 
do  enjict  as  follows  : 

1.  Associations  ma,,  he/onned.     Any  munber  of  per^ 

sons  not  less  than  three,  may  associate  fo    ^''^  I  '»  ^^^^ 

f      n.  nu-tin-  a  line  or  lines  of  electric  telegraph,  with 

subject    to   the  liabilities  prescribed  in  the  act  (U.  \  .,  ^• 
10,  s.  1). 

o    tWtirccalc  to  he  made  and  contents.     Such  persons, 
Jli  ;^;  hands  and  seal,  shall   make  a  certihcate 

which  shall  specify  :  , 

Fiv^l  -The  name  assumed  to  distinguish  the  associa- 
.•  nrl  o  be  used  in  itsdealings,  and  by  wl  ich  it 
Uon,  and  t"  ^«  "^^;;  ^^,^^^  ^,  ae^ignation  of  the  line  or 
M^fs"  tXgmph  o  lie  so  constructed  by  such  assocm- 
llon!  :nd  tSoite  or  routes  by  which  such  hues  are  to 

pass.  .    ,  - 

Second  -The  capital  stock  of  such  association,  and 
thf  n  imber  of  shaiL  into  which   the  «tocl.  is  divu,  | , 
and  any  provision  made   for  increasing   the  same   the 
rmesof  the  shareholders,  and  the  amount   of  stock 
held  by  each. 

rA/;YZ.-The  period  at  which   the  association   is   to 
commence  and  terminate. 

Fourtn.-Qovyoi  the  articles  of  association  (10  V.,  c. 
10,  s.  2). 


2!)  I 


anil  ('onsent 
of  Caiuitla, 

mber  of  per- 
tlie  purpose 
(•graph,  with 
n  and  to  any 
iuliti()i\s,  and 
act  (U)  v.,  c. 


3noh  persons* 
a  certificate 


ill  the  associa- 
{\  by  which  it 
1  of  tlie  line  or 
f  such  associa- 
cli  lines  are  to 

ssociation,  and 
ick  is  divided, 
the  same,  the 
louut   of  stock 

ssociation   is   to 

nation  (10  V.,  c. 


3.  To  he  arl-nmrlv<hji'<l  hvforc  (i  n«(n)'i/  atxl  I'lh'd. 
The  ccrtiticate  shall  he  a('kn(>\vlf(l;^'i'd  h.-foif  ti  notary, 
and  the  oriKinal  or  copy  thfivof,  ccrtitied  by  such 
notary,  shall  be  tiled  in  the  ollice  of  the  Provincial  Sec- 
retary. 

4.  Invorpuration.  Upon  complying  vvilli  the  pro- 
visions of  the  last  two  preceding-  se(!tions,  the  associa- 
tion shall  be  a  body  corporate  by  the  name  designated 
in  the  said  certiticate. 

T).  ('(>i>!/  of  ccrtijlcate  to  he  evidence.  A  copy  of 
the  certiticate,  duly  certilied  by  the  ProviniMal  Secre- 
tary, may  be  used  as  evidence  in  all  our  Courts  and 
places  for  and  against  the  association  (10  V.,  c.  10,  3.  W). 

6.  Corporate  powers.  Every  such  association  shall 
have  power  to  purchase,  take,  hold  and  convey,  such 
real  estate  and  such  only  as  maybe  necessary  for  the 
convenient  transaction  of  the  business,  and  for  the  ef- 
fectually carrying  of  th(M)peratlons  of  the  association 
(10  v.,  c.  10,  s.  4). 

7.  Director.^  and  oncers  maij  1>e  appointed.  Every 
such  association  may  appoint  such  directors,  officers 
and  agents,  andmakesuch  prudential  rules,  regulations 
and  by-Uiws  as  may  be  necessary  in  the  transaction  of 
its  business,  not  inconsistent  with  the  laws  of  this 
Province  (10  V.,  c  10,  s.  4). 

8.  Poioers  for  the  construction  of  the  line.  Each 
such  association  may  construct  the  lines  of  telegraph 
designated  in  its  certificate,  upon  any  lands  purchased 
by  the  association,  or  the  right  to  carry  their  line  over 
which  has  been  conceded  to  them  by  the  parties  having 
a  right  to  make  such  concession,  and  along  any  and 
upon  any  of  the  public  roads  and  nighvvays,  or  across 
any  of  the  waters  within  this  province,  by  the  election 
of  the  necessary  fixtures,  including  posts,  piers  or  abut- 
ments for  sustaining  the  cords  or  wires  of  such  lines, 
provided  the  same  are  not  so  constructed  as  to  incom- 
mode the  public  use  of  such  roads  or  highways,  or  to 


292 

iinpeae  the  free  access  to  any  house  or  other  building 
Sed  in  the  vicinity  of  tUe  same  or  ^---^0^;  5)' 
terrupt  the  navigation  of  such  waters  (16  V.,  c.  10,      D). 

9    Nofhin.^  herein  contained  shall  confer  to  any  such 
as^oltlon!"  he  right  of  bulling,  imdge  over  any 

navigable  water  (16  v.,  c.  10,  s.r>). 

XO.  Increase  <yfc.piua  Vro-^^<^  f^^.    ^ ::r^ 

Mr.n  ot   persons  incorporated  under  this  ac  ,  may,  oy 

er^ti^^s  of  association,  provide   for  an  incr^se  oi 

tSclintulandof   the  number  of   their  associates  (16 

v.,  0.  10,  s.  7). 

11.  A.mu^t  of  deUs  iMed.     No  association  under 
this  act  shall  contract  debts  exceeding  one-half  of  its 
capital  stock  (10  V.,  c.  10,  s.  8). 
■      12    President  and   treasurer  to  sign  all  evidences 
^/f?;^      All  evidences  of  debt  i.sued  by  such  associa- 
Inttllt  signed  and  issued  by  the  president  and 
treasurer  thereof  (IG  v.,  c  10,  s.  8). 
13    Certain  companies  may  avail  themselves  of  this 
/      At  V  te  eo-raph  association  or  company   organized 
ad.    Aixy  tj^;^»''^  ;^  ^^  November,  one  thousand 

T.h;^S  ed  :.     h  1^7^     on  ming  in  the   office  of 
fe  Pr  "vi  c^l  Secret^u^      certificate  authorized  by  a 
iM  U.n    f  its  board  of  dire.-tors,  signed  and  certihed 
b  "'he  s"re  ta  y  ofthe  company,  containing   the  par- 
i^^cuH  X^inb^^       required   in  like  cases,  and  sign  - 
Itgi^s  acceptance  of  this  act,  may  become  incorpora- 
ted under  this  act  (10  V.,  c.  10,  s.  9). 

14    Duties  of  company  in  transmitting  dispatches 
The  ovvne   o  ,  or  the  association  ownin,^   any   elegraph 
n  e  in  Zm  ion  at  that  time  or  since  that  period  shall, 
hue  in  opeiaiio  ^     ^^^^  section,  irans- 

exceptm  cases  pio^d^^^^^^^^^^^  which  they  are  re- 

^'  1'  ST  "at  of  Tot  less  than  twenty  or  ex- 
'^'t::  onl  hind  ed  dollars,  to  be  recovered,  with 
:::?ro'  s^t!  bV  tl.  person  or  i^rsons  whose  despatch 
has  been  postponed  out  of  its  order. 


er  building 
ously  to  in- 
,  c.  10,  s.  5). 

to  any  such 
ge  over  any 

Any  associa- 
act,  may,  by 
II  increase  of 
associates  (16 

ciation  under 
le-hali:  of  its 

all  evidences 

such  associa- 

president  and 

.selves  of  this 

my   organized 

one  tliousand 

I  tlie  office  of 
ithorized  by  a 
id  and  certified 
iniug  the  par- 
ises,  and  signi- 
onie  incorpora- 

ing  dispatches. 
any  telegraph 
at  period  sliall, 
t  section,  trans- 
ich  they  are  re- 

II  twenty  or  ex- 
recovered,  with 
whose  despatch 


15,  What  messages  f'i)//'//t'd /()  pre/ercNce.  Any  mes- 
sage in  relation  to  the  ndniinistration  of  justice,  arrest 
of  criminals,  the  discoveiy  or  prevention  of  crime,  and 
Government  mcasai^es  or  despatc^'es,  shall  always  be 
transmitted  in  preference  to  any  other  message  or 
despatch,  if  requiied  by  persons  connec^ted  witli  the  ad- 
ministration of  justice,  or  any  persons  thereunto  au- 
thorized by  the  Provincial  Secretary  (1(1  V.,  c.  10,  s. 
10). 

10.  Paiialtif  on  operator  d/'vylf/ing  secrets.  Any 
operator  or  telegraph  line,  or  :iny  person  employed  by 
a  telegi"iph  company,  divulging  the  contents  of  a  i)ri- 
vate  despatch,  shall  be  guilty  of  a  misdemeanor,  and 
on  conviction  shall  be  liable  to  a  fine  not  exceeding  one 
hundred  dollars,  or  to  imprisonment  for  a  period  of  not 
exceeding  three  months,  or  both,  in  the  discretion  of 
the  court  before  which  the  conviction  is  had  (16  Y.,  c. 
10,  s.  11). 

17.  Oovernment  may  assume  the  same  temi)orari7f/. 
Her  Majesty  may  at  any  time  assume  and  for  any  length 
of  time  retiiin  possession  of  any  such  telegraph  line  and 
of  all  things  necessary  to  the  suflicient  working  thereof, 
and  may  for  the  same  time  require  the  exclusive  ser- 
vice of  the  operators  and  other  persons  employed  In 
working  such  line,  and  the  company  shall  give  uj)  pos- 
session thereoT,  and  the  operators  and  otherj  persons  so 
employed  shall,  during  the  time  of  such  possession, 
diligently  and  faithfully  obey  such  orders,  and  trans- 
mit and  receive  such  despatches  as  they  may  be  re- 
quired to  receive  and  transmit  by  any  duly  authorized 
officer  of  the  Provincial  Government,  under  a  penalty 
not  exceeding  one  hundred  dollars  for  any  refusal  or 
neglect  to  com])ly  with  the  requirements  of  this  section, 
to  be  recovered  by  the  Crown  'or  the  public  uses  in  the 
Province,  with  costs,  in  any  wpy  in  which  debts  of  like 
amount  are  recoverable  by  the  Crown  (10  V.,  c.  iO,  s. 
12). 

18.  Her  Majesty  may  assume  the  property  of  the 


204 

line.  Her  Majesty  n.ay,atany  time  after  the  com- 
u,enc.n.ent  of  a  telegraph  li.u.  un<ler  this  -'t,  |md  a  ei 
two  months'  notice  to  tiie  con.ptn.y,  assume  ^^ ^^ 
sion  and  property  thereof,  and  upon  such  assumption 
essential  lo  the  working  thereof,  and  all  the  rights  and 
privileges  of  the  company,  as  regards  such  line,  shall  De 
vested  in  the  Crown  (10  V.,  c.  10,  s.  13). 

19    Mode  of  sdtUnci  the   compensalion  hi   case   of 
difercnce<f  opinion.     If  any  difference  arises  between 
the  company  and  those  who  act  for  the  Cn.wn  as  to  the 
ccmpeusation  which  ought  to  be  paid  to  the  company, 
for  any  telegraph  line  or  appurtenances  taken  under  the 
eighteenth  section  of  this  act,  or  for  the   temporary  ex- 
elusive  use  thereof  under  the  seventeenth  section,  such 
difference  shall  be  referred  lo  three  arbitrators,  one  to  be 
appointed  on   the   part   of  the  Crown,  another  by  the 
company,  and   the   third  by  the  two  so  appointed  arbi- 
trators, and  the  award  of  any  two  of  the  said  arbitrators 
shall  be  Hnal  ;  in  case  of  refusal  or  neglect  by  the  com- 
pany to  appoint  an  arbitrator  on  their  behalf,  or  it  the 
two  arbitrators  cannot   agree   upon  a   third  arbitialor, 
then   such   arbitrator  shall   be   appointed  by  any  two 
Judges  of  the  Queen  s  Bench  of  Common   Pleas  m  tp- 
per  Canada,  or  of  the  Superior  Court  in  Lower  Canada, 
on  application  on  the  part  of  the  Crown  (10  V  .,  c  10  s. 
14). 

20    Municipal  corporation  and  joint  stock  companies 
may  take  stock   in  f"h(fmj>1^   companies.    Any  muni- 
cipal corporation  in   this   Province,  or  any  .loint  stocK 
company  incorporated  under  an  act  of  Parliament  of 
this  Province,  may  subscribe  for  and  hold  stock   in  ai.y 
company   formed    under    this  act,  and  may   pay   tha 
amount  of  subscription   out  of  any  municipal  or  oti.c: 
funds  not  specially  appropriated  to  any  other  purpose, 
and  such  municipal  corporation  may  levy  money   by 
rate  for  paying  any  such  subscription,  and  shall  have 
sur^h  rights  as  a  member  of  the  company,  and  slial  vote 
upon  the  stock  held  by  it  in  such  manner  and  by  th^>  in- 


-i--r 


he  com- 
lul  alter 

>    pOSSt'8- 

inii)ti()n, 

rhts  and 

shall  be 

case  of 
,  between 
as  to  the 
•onipany, 
inder  the 
r>rary  ex- 
ion,  such 

one  to  be 
=>r  by  the 
II  ted  arbi- 
rbitrators 

the  cotn- 
,  or  if  the 
u'bitrato;-, 
{  any  two 
as  ia  Up- 
r  Canada, 
'.,  c.  10  s. 

companiss 
A.ny  mnnl- 
oint  stock 
liament  of 
)cV  in  ai.y 
y  pay  tba 
lal  or  otiic: 
n-  purpose, 
money  by 
shall  have 
1  shall  vote 
d  by  th<>  in- 


2i)a 

terveiition  of  such  iHMison    or   otlicer   as   sliall    lie  drter- 
miued  by  the  articles  of  association  (1(5  V.,  c  10,  s.  \C>). 

21.  PennUyfcr  malicious  or  other  injuries  I o  leh- 
graph  works.  Any  person  who  wilfully  and  malicious- 
ly cuts,  breaks,  moli'sts.  injures  or  destroys  any  instru- 
ment, cap,  wire,  post,  line,  pier,  or  abutment,  or  tiie 
materials  or  jtroperty  bei(.n,i;ing  thereto,  or  any  other 
erection  used  for  or  by  ■my  lino  of  electro-nia^Mietic 
telegraph  in  operation  in  tills  rrovince  under  any  act  in 
force  hereon,  or  who  wilfully  ami  maliciously  in  any 
way  obstructs,  d'isturbs  or  impedes  iheaclion,  oi)eraiion, 
or  woiking  of  any  such  line  of  telegraph,  shall  on  con- 
viction thereof  l)e  deemed  guilty  of  a  misdemeanor  and 
be  punished  by  a  line  not  exceeding  forty  dollars,  or 
imprisonment  not  exceeding  one  month,  or  both,  at  the 
discretion  of  the  Court  before  which  the  conviction  is 
had  (10  v.,  c.  10,  s.  0;  1:^  14  V.,  CM). 

22.  The  jurisdiction  over  all  offences  against  this 
act  shall  be  in  any  ]  istice  of  the  peace  in  any  parish, 
village,  city,  town  or  county  where  the  offence  has  been 
committed,  or  in  which  the  offciuler  may  be  found,  and 
the  proceedings  thereon  shall  be  summary. 

23.  The  line  imposed  nuiy  if  not  forthwith  paid  be 
levied  with  all  costs  of  the  prosecution  b  ;  a  warrant  of 
distress  against  and  by  sale  of  rhe  goods  and  chattels 
of  the  offender,  or  such  offender  may  (in  the  discretion 
of  the  nmgistrate)  whether  imprisonment  be  or  be  not 
part  of  the  sentence,  be  imjirisoned  for  a  period  not  ex-, 
ceeding  thirty  days,  in  addition  to  and  after  the  expira- 
tion of  any  other  imprisonment  making  part  of  the  sen- 
tence, unless  such  fine  and  all  expenses  incurred  in  the 
prosecution  be  sooner  paid,  and  all  such  lines  when  col- 
lected shall  belong  to  the  party  aggrieved  by  and  com- 
plaitung  of  the  offence  and  be  paid  over  to  sucli  party 
(13-14  v.,  c.  31). 

MEMORANDUM. 

1,7,10,   13  repealed   L.    L.    18G9,   page  7'J,  chap.  14 


206 


L  L  1869.  amends  general  act  by  allowing  company  to 
change  ro.ite  of  wires  by  diverging  from  route  laid 
down  in  certificate  on  filing  an  amended  cert.fica  e 
which  in  other  respects  shall  conform   to  section  5  of 

general  act.  i  ,    io^q 

These  are  all  the  amendments  found  to  ia7d. 


CANADA. 


STATUTES  OF  1882. 


45    \  ICTOUIA. 


CHAPTER    40. 


Preamble. 


BBC.  1. 

Word  Tele- 
graph in  act* 
o  n  subjects 
uniler  control 
of  Parliament 
does  not  in- 
clude "Tele- 
phones." 


An  Act  declaratory  of  the  meaning  oj  the  word  Tele- 
graph  in  certain  cases.  Assented  to  17th  May,  lh82. 
Whereas,  doubts  havo  arisen  as  to  whether  the  word 
.Mderrapl''  includes  the  word  "telephone"  and 
w  ler^s  it  is  desirable  that  such  doubts  suou  d  be  set 
r  rest  t  erefore,  Her  Majesty,  by  and  witli  the  advice 
and  consent  of  the  Senate  and  House  of  Commons  of 
Canada,  enact  as  follows : 

rm     ,v«rrT  "  tele^iaph  "  and  its  derivatives,  wherever 
uJv  o  cm  in  at;"atute  of  the  Dominion  of  Canada 
^  fori  mssed   or  hereafter  .o  be  passed,  or  in  any 
^rufofCr^^^^^  now  forming  part  of  the  Do- 

statute  ot  »"3  /^^         ^  ^    f^,,g  s„,i,  Province  entered 
minion  of  Canada,  passeaoe  ^^  ^.^^^ 

,Ue  Dominion,  -/^ -^r^r^^.tcU^^ 

Novth  Angelica  Ac^,  ^7^     -    P  ^^^^^  ,^^^  ^^^  ^^  ,^^ 

S^.^rred;:^ludethew.rd"telephone''and 
its  derivatives. 


mpany  to 
route  laid 
ceititica^e 
ction  5  of 

i. 


297 
This  Act  shall  not  in  anv  way  affect  any  suit,  action,  «•'<'  « 


or  proceeding  now  pending. 


rending  suit  I. 


CANADA. 


STATUTES  OF  OB  TAR  JO,  1882. 


)  word  Tele- 
May,  1882. 

ler  the  word 
lione,"  and 
lould  be  set 
h  the  advice 
;^omnions  of 

■68,  wherever 
n  of  Canada 
;d,  or  in  any 
•t  of  the  Do 
vince  entered 
'The  British 
hin  the  legis- 
,  are  not  ^o  be 
ephone"  and 


45  Vic,  Cap.  71. 


An  Act  to  confer  certain   powers   upon   the   Bell  Tele- 
phone Company  of  Canada.     Assent,  10  March,  1882. 

Whereas  the  Bell  Telephone  Company  has,  by  its  pe  rreambie. 
tition,  represented  that  i:^  was  incorporated  by  an  Act  of 
Parliament  of  Canada,  passed  in  the  4'S  year  of  Her 
Majesty's  reign,  chapter  67,  and  certain  powers  were 
conferred  on  the  s^iid  corporation  by  the  said  act ;  that  un- 
der the  authority  thereof  it  has  acquired  the  rightsi 
business  and  good  will  of  divers  local  telephone  com" 
panies  in  this  Province,  and  has  constructed  and  erected, 
and  is  now  working  telephone  lines  in  divers  cities, 
towns  and  villages,  and  other  places  in  this  Province  ; 
and  that  doubts  have  arisen  as  to  the  powers  of  the  said 
company  under  the  said  act,  in  regard  to  those  por- 
tions of  its  work  and  undertaking  which  are  local  and 
do  not  extend  beyond  the  limits  of  the  Province  ;  and 
the  said  company  has  prayed  that  the  necessary  powers 
be  conferred  on  it  by  the  Legislature  of  this  Province; 
and  whereas  it  is  expedient  to  grant  the  prayer  of  the 
said  petition  ;  Therefore,  Her  Majesty,  by  and  with  the 
advice  and  consent  of  the  Legislative  Assembly  of  the 
Province  of  Ontario,  enact  as  follows  : 

It  shall  be  lawful  for  the  company   incorporated  bysec.  i. 
chapter  sixty-seven  of  the   Statutes  of  Canada,  passed  "thorir^i  To 
in  the  forty- third  year  of  Her  Majesty's  reign,   known   exercise 


208 


powe.here.by  tl.P  nnuie  of  "  TliH  Bell  'IVlHpl.one  ^'^""  W  "f^';'"^ 
inmeniioned  ^^j'^,^  .,  ^^  ..xeiTise  witliiu    tlie   Pioviuce   of   Outuilo  tile 


powers  hereinafter  mentioned. 


SW.S. 


llfiKht  of  poll* 

I'lC. 


The   Bell  Telephone  Company   of  Canada  may  con- 

c;o„;tr..oiio,>  t  jj„,^  maintain,  its  line  or  lines  of  telephone 

iJo?::::    :::,;he  sides  of  and  across  or  under  any   puWu,  lu^.- 

wnvs     streets,    bridges,    water  courses    or    other   such 

rrov.o.  rC's  ;  pOviied  the  said  con.pany   shall   not  interfere 

V  the   public  right   of   travelling  on  or  using  such 
highways,  streets,  bridges,  or  water  courses  ;  and  p  o- 

V  d.l  thai  in  cities,  towns  and  i'^^'P;-  -^/j  ^f  ^;,^,^. 
comt>any  shall  not  erect  any   poles   higher  than  forty 

ee       ove  the  surface  of  any  street,   nor  affix  any  wire 
es    than  twenty  feet  above  the  surface  of  the  stree  .  no 
rryy  such  poles  or  wires  along  any  street  w. thou 
the  consent  of  the  nu.nicipal  council  having  jurisdiction 
over  the  streets  of   the  said   city,   town  or  inc.u'porated 

V  llL  e    and  that  in   any  city,  town  or  incorporated  vil- 
l!;  the  poles  shall  be  nearly   as   possible  straight  and 

;^;';dicular.  and  should  in  cities  be  vaunted,  i  ^^ 
nuiedby  any  by-laws  of  the  council  ;  and  piovided 
?.u-  her  that  wh^re  lines  of  telegraph  are  already  con- 
It  u  ted,  no  poles  shall  be  erected  in  any  city,  town  or 
inr^^^wited   village  along  the  stree  such  poles 

n  n  earevected^^  unless  with  the  consent  of  the  coun- 
cllving  jurisdiction  over  the  streets  of  such  city,  town 
or  n^i  pirated  village.  Provided  also,  that  in  so 
doing  the  said  company  shall  not  cut  down  or 
muSate    any    tree  ;   and    provided    tha      in    cities, 

U.wns      and      incorporated      villages      the     opening 
towns      ana  f  ^^.^^^.^^      ^j     ^^^^^ 

:;'fof carr  ^ng  t^  tires  underground,  shall  ^ed^^^^ 
under  the  direction  and  supervision  of  the  «ng;»ee  o 
Buch  o  her  officer  as  the  council  may  appoint,  and  in 
such  manner  as  the  council  may  direct,  -less  such  en^ 
eineer  officer,  or  council,  after  one  week  s  notice  in 
wridni  shall  have  omitted  to  make  such  direction; 
rnTpr'oVta  also,  that  the  surface  of  the  street  shaU 
?naU  cases,  be  restored  to  its  former  condition  by,  and 


Proviso. 


Vroviso- 


Proviso. 


i 


200 


ny  of  ('iiu- 
Untaiio  the 


la  may  con- 
if  telephone 
,iibli(!  high- 
other  such 
ot  interfere 
:  using  such 
s  ;  and  pro- 
viUageH,  the 
than  forty 
ix  any  wires 
le  street,  nor 
•eet  without 
jurisdiction 
incorporated 
rporated  vil- 
straight  and 
ed,   if  so  re- 
nd provided 
already  con- 
!ity,  town  or 
?  such  poles 
toE  the  coun- 
ich  city,  town 
,    that  in   so 
cut  down  or 
it    in    cities, 
the     opening 
n      of     poles 
hall  be   done 
B  engineer  or 
)point,  and  iu 
nless  such  en- 
ik's  notice,  in 
ich  direction; 
!  street   shall, 
dition  by,  and 


at  the  expense  of  the  company  ;  and  provided  further, 
that  whenever  in  (!i>.se  of  fire,  it  l)ecunies  necessary  for 
its  extinction  or  preservation  of  property,  that  the  tele- 
jihoiie  wires  should  be  cut,  the  cutting  under  such  cir- 
ciiinstancHS  of  any  of  the  wires  of  the  company,  under 
the  direction  of  the  Chief  Engineer  or  other  officer  in 
charge  of  the  fire  brigade,  shall  not  entitle  the  com- 
pany to  demand  or  i  hum  compensation  for  any  dam- 
ages that  miglit  be  so  incurred. 

The  said  company  shall  have  power  to  purchase,  leasesKc  3. 
or  otherwise  acquire  and  hold   all   snch   real   estate  as ''"*".'■  '"  "°' 

«  .  .  ,  ,  ,  quire    reul 

may,  fi-oni  time  to  lime,  be  necessary  and  i)roper  for  estate. 
the  purpoees  and  uses  of  the  company,  and  also  to  sell, 
lease  or  otherwise  dispose  of,  and  to  mortgage,  pledge 
or  iiicumljer  such  real  estate,  or  any  part  or  jiarts 
thereof,  from  time  to  time,  in  such  manner  and  on  such 
terms  as  they  may  deem  fit. 

Provided  always,  that  such  real  estate  acquired  for 
the  purposes  hereinbefore  mentioned,  shall  at  all  times 
be  held  exclusively  for  the  purposes  and  uses  of  the 
said  company  as  by  this  act  authorized,  and  not  other- 
wise, and  shall  not  exceed,  at  any  one  'ime,  when  situ- 
ate within  the  city  of  Toronto,  the  annual  value  of  ten 
thousand  dollars,  when  situate  within  any  other  city  in 
the  Province  of  Ontario,  the  annual  value  of  five  thou- 
sand dollars,  when  situate  within  any  town  with- 
in the  Province  of  Ontario,  tlie  annual  value  o  two 
thousand  dollars,  and  when  situate  within  any  other 
municipality,  within  the  said  Province  of  Ontario,  the 
annual  value  of  one  thousand  dollars. 


CANADA. 


SIATUTES  OF  QUEBEC,  1882. 
45  VicTOUiA,  Cap.  XXII. 


SBC.  1. 


An  Act  to  Impose  Certain  Direct  Taxes  on  Couunercial 

Corporations. 

Assented  to  27th  May,  1882. 

Her  Majesty,  by  and  with  the  advice  and  consent  of 

the  Legislature  of  Quebec,  enacts  as  follows  : 

In  order  to  provide  for  the  exi<,'encies  of   the   public 
SBC.  1.  in  i)iut?i  i^"  1'  ,  „     *     *     *     *     tplp<>-rai)li 

Taxes  impoBed  g^,.^,i,.e  of  this   Provuice,  every     *  leie^iapii 

upon  certain  wnrkintT  a  telegraph  line,  or  part  ot   a   teie- 

,ommercialCOnip;iny  WOlKlUf,    au.nr„...i  ^      i^'i,,,„«    ..nrtimnv 

corporation..,,,.    ;,,  li,,^  iu  this   Provit.ce,  evcry    telephone  company 
working  a  telephone  line  in    this  Province, 
sh  1   annually  pay  the  several  taxes  contained  and  speci- 
tdn  Section  \hree  of  this  Act,  whict.  taxes  are  hereby 
i.nposed  upon   each  of   such  commercial  corporations, 

respectively. 

Tl,e  annual  taxes  upon,  and  payable  by  the  commer- 
Snt  or  an.,.„i  corporations  mentioned  and  specilied  in  Section  one 

„na,   taxes  ^^^  ^^^.^    ^^^^   ^^  .^^  ioWoV^^-.  ^  *  *  * 

*  *  * 


Sec.  3. 
iinoun 
niial 
upon. 


Telegraph 
companies. 


Te  le  ph  o  ne 
compaDles. 


YI,_Tklkguapii  Companies. 

(rt.)  One  thousand  dollars. 

(60  An  additional  tax  of  five  dollars  for  each  office. 

YJX. Telephone  Companies. 

(a.)  Two  hundred  dollars. 

(h\  An  additional  tax  of  one  hundred  dollars  for 
the  principal  station,  In  the  cities  of  Montreal  and 


801 


3. 


Coimnercial 


tl  consent  of 

if   the   publit 
*     tele}^nai)li 
Tt  of  ii   tele- 
one  company 

.„      *    *    * 

nedancl  speci- 

ces  are  hereby 

corporations, 

y  the  coninier- 
in  Section  one 


;s. 


for  each  office. 


IKS. 


red  dollars  for 
of  Montreal  and 


Quebec,  and  of  lifty  dollars  for  the  principal  sta- 
tion in  every  other  phice. 

*  *  •»  •;<■  *  ■*  *  * 

Such  taxes  shall  be  payable  on  the  first  judicial  day 
of  tlie  month  of  .Inly  in  each  year. 

The  j)rincipal  tax  hereby  imjjosed,  shall  be  paid  an- 
nually to  the  li('ense  inspector  of  the  revenue  district  in 
which  the  commercial  corporation  has  its  chief  or  prin- 
cipal oflice  ill  this  Province,  to  the  license  inspector  for 
the  revenue  district  of  Quebec. 

The  additional  tax  shall  be  paid  annually  to  the  li- 
cense inspector  of  the  revenue  district  in  which  the 
office,  place  of  business,  factory,  or  workshop  for  which 
it  is  payable  is  situated. 

If  any  such  annual  tax  be  not  paid,  the  same  may  be 
recovered  with  legal  interest  tliereon,  fiom  the  date 
upon  which  such  tax  became  due,  by  an  action  brought 
in  his  own  name  on  behalf  of  Her  Majesty,  by  the  license 
inspector  of  the  revenue  district  in  which  such  tax  was 
payable. 

All  actions  for  the  recovery  of  such  taxes  shall  be 
brought  in  the  Judicial  District  Court  in  which  they  are 
payable,  either  before  the  Circuit  Court  or  the  Sujjerior 
Court,  according  to  the  competency  of  the  Court  with 
reference  to  the  amount  claimed. 

Costs  shall  not  be  adjudged  against  the  inspector  in 
any  action  by  him  under  this  Act ;  but  on  the  recom- 
mendation of  the  tribunal,  the  provincial  treasurer  may 
in  his  discretion  pay  to  the  commercial  corporation  in 
'■ivor  of  which  judgment  has  been  rendered,  the  costs  to 
which  he  may  deem  it  equitably  entitled. 

The  clerks  or  secretary,  treasurers  of  every  munic"'ial 
corporation,  shall  annually  on  or  before  the  first  day  of 
June,  return  to  the  provincial  treasurer,  the  names  of 
all  commercial  corporations  of  the  nature  of  those  men- 
tioned in  this  act,  established  or  doing  business  within 
their  respective  municipalities,  sj)ecifying  the  number 
of  offices,  places  of  business,  factories  or  workshops  of 
each,  and  in  default  of  so  doing,  they  shall  severally  be 


Skc.  4. 

Tuxos  w  h  « II 
payiililu. 

Ski'.  5 

To  whom  prlii- 
<'i|ial  luxes 
are  payable. 


To  whcim  n;lill- 
tionni  tuxex 
arc  pnyublf. 


Skc.  B. 

.Action  for  re- 
covery of 
taxi's  if  un- 
paid. 


Ski;.  7. 

Before  what 
Court  bronglit 


Sko.  8. 

Costs  not  to  be 
a<l  J  iniged 
against  in- 
spector; pro- 
viso aa  to  cer- 
tain cases. 


SEC.  9. 

K e 1 11  r n 8  by 
elt-rks,  <6c.,to 
provincial 
treasurers  as 
t  o  coniiner- 
eial  corpora- 
tions in  iheir 
m  u  n  i  c  i  pal- 
ities. 


BBC.  18. 

Act  In  force. 


302 

liable  to  a  fine  of  twenty-five  dollars,  and  in  default  of 
payment  of  such  fine  to  imprisonment  of  twenty-five 

^'rhis  Act  shall  come  into  force  on  the  day  of  its  sane 
tion. 


1   i 


LbO 


/iu 


\1 


^ 


default  of 
wenty-five 

if  its  sane* 


\± 


I 


